Sexual offneces

Question 1

What Sections do we cover + what do they do

Answer 1

1,2,3,4,74,75,76,78

Question 2

S1 crime + AR/MR

Answer 2

rape
intentionally penetrating A V M of another with penis

B doesn’t consent
A doesn’t R believe B consents

Question 3

S2 crime

Answer 3

assault by penetration

intentionally penetrates vagina or anus of B - is sexual, B doesn’t consent and A doesn’t R thing B consents

Question 5

S3 crime

Answer 5

sexual assault

intentionally touches B which is sexual, B doesn’t consent and A doesn’t R believe in consent

R belief is considered with all circumstances and any steps A took

Question 6

S4

Answer 6

intentionally causes B to engage in an activity that is sexual B doesn’t consent and A doesn’t R think B consents

Question 8

S.74

Answer 8

consent if agree by choice and had freedom and capacity to make choice

Question 9

S.75

Answer 9

evidential presumptions about consent

Question 10

76

Answer 10

conclusive presumptions about consent

1.intentionally decievwd as to nature or purpose
2. intentionally induced by impersonal mating someoen known personally to C

Question 11

78

Answer 11

sexual
because of nature secual or circumstances or purpose of any person in relation to it it is sexual

Question 12

R (F) v DPP

Answer 12

penetration is a continuing act
and only consented if ejaculated outside (parameter)

Question 13

R v H

Answer 13

can touch through clothes

Question 14

AG réf 1 2020

Answer 14

sexual test is objective

Question 15

R Abduliahi

Answer 15

diabetic shock - touches breast - nature secual

Question 16

R v B(MA)

Answer 16

RM standard on R belief of consent

Question 17

R v Jacob’s

Answer 17

D has autism may be used as evidence

Question 18

whitta

Answer 18

if X consents it must be X that they touch for R belief

Question 19

Jheeta

Answer 19

Read s76 narrowly - only if intentional deception

purpose here secual gratification so not deception qs to purpose (pretended to be police case)

limited freedom when police told her to sleep with him

Question 20

B

Answer 20

deception is not non-disclosure and non-disclosure of HIV not relevant to s.74

Question 21

McNally

Answer 21

active deception vitiates consent
and altered secual nature here but not a different nature

Question 22

Lawrence

Answer 22

fertility case - lied about it

stated not sufficently closely connected to negate consent

obita states no difference between deception and non disclosure

Question 23

Williams

Answer 23

choir girl case - deception qs to nature

Question 24

Asange

Answer 24

protected and unprotected sex same natures

only consented if condom - precondition

Question 25

Tobassum

Answer 25

different purpose qs checking for breast cancer not sexual gratification

Question 26

Bingham

Answer 26

need complete deception can’t have multiple purposes chad and grant and GF case limited freedom when scared her by saying knows what did

Question 27

Devonald

Answer 27

made daughters ex masturbate on camera - diff purpose qs humiliation

Question 28

Christopher matt

Answer 28

sex on film case purpose here simulated secual grat not actual

Question 29

Linekar

Answer 29

not rape as prostiturte wanted money after not before

Question 30

R v Lee Gary Brown

Answer 30

was told they were 16 - were 12 -guilty of rape

Question 31

R v A (G)

Answer 31

visceral rather than cerebral - only need simple understanding of actions

Question 32

R v Bree

Answer 32

drunken consent is still consent not saying no is not enough to not consent

Question 33

olugboja

Answer 33

mere submission is not consent

Question 34

kirk

Answer 34

pressure is subjective on positions of parties - homeless and needed food

Question 35

monica

Answer 35

police undercover - not removed freedom to have sex

Question 36

Freer

Answer 36

difference between reluctant consent and submission (bree and olugboja) creates uncertainty

Question 37

Weitheimer

Answer 37

look at seriousness and duress caused instead of categories

Question 38

Firth

Answer 38

presumption of too drunk in S.75 needed

Question 39

Sharpe

Answer 39

not disclosing gender history shouldn’t vitiate consent - at time gender change coukd have been considered sec change