WEEK 8 Flashcards
(27 cards)
What is the main act governing sexual offences in the UK?
The Sexual Offences Act 2003
This act encompasses more than 50 offences and aims to modernize the law on sexual violence.
What are the key sections of the Sexual Offences Act 2003 that will be covered in the course?
- Rape (s. 1)
- Sexual Assault (s. 3)
- Meaning of Consent (s. 74)
- Evidential presumptions (s. 75)
- Conclusive presumptions (s. 76)
Sections 2 and 4, which cover Assault by Penetration and Causing a Person to Engage in a Sexual Activity, are not assessed.
Why was the Sexual Offences Act 2003 necessary?
- To modernise the law
- To establish a clear and coherent legal framework
- To reflect the seriousness of a crime with appropriate penalties
- To clarify the law on consent
- To make certain offences ‘gender-neutral’
It addressed outdated views and gaps in legal concepts regarding consent.
What are rape myths?
False and stereotypical ideas about rape that perpetuate oppressive patriarchal norms around gender and sexuality
These myths influence the criminal justice response to sexual violence.
What is one example of a rape myth?
The belief that a victim must resist to prove lack of consent
This is a misconception that misrepresents the nature of consent in sexual violence cases.
What impact do rape myths have on the criminal justice system?
- Higher likelihood of police declaring ‘no crime’
- Lower likelihood of prosecution
- Increased likelihood of jury acquittals
These myths can deter victims from reporting sexual crimes due to poor experiences in the system.
What is the actus reus of rape under s.1 SOA 2003?
Intentionally penetrating the vagina, anus, or mouth of another person without consent
This includes specific conditions regarding consent and reasonable belief in consent.
Fill in the blank: The definition of consent under the Sexual Offences Act 2003 is intended to be _______.
[clear and coherent]
What is the mens rea requirement for rape under s.1 SOA 2003?
Intention to penetrate and lack of reasonable belief in consent
The law requires that the belief in consent be based on reasonable grounds.
True or False: Historically, sexual violence laws have adequately protected all individuals regardless of gender.
False
Previous laws often did not protect vulnerable individuals and were based on outdated gender norms.
What does the term ‘gender-neutral’ mean in the context of the Sexual Offences Act 2003?
The law applies equally to all genders in terms of offences and protections
This was a significant change from previous laws that were often gender-specific.
What is the gap between legal recognition of sexual violence and actual prosecution rates?
There is a significant disparity; many reported rapes do not lead to prosecutions or convictions
For instance, in 2019, only a small percentage of reported rapes resulted in prosecution.
What is the significance of the phrase ‘continuing act’ in the context of rape?
It refers to the act of penetration being considered ongoing from entry to withdrawal
This legal concept helps clarify issues related to the timing of consent.
What are some recent changes in the approach of the criminal justice system towards rape allegations?
An improved focus on understanding consent and victim experiences during investigation and prosecution
Initiatives have been introduced to challenge societal misconceptions about consent.
What is the role of education in addressing sexual violence?
To provide sex education and promote emotional intelligence while challenging problematic gender norms
Education can play a crucial role in preventing sexual violence.
What is the role of the Director of Public Prosecutions in relation to consent in sexual offences?
To clarify that consent must be given freely and without confusion, and to challenge societal misconceptions
This includes addressing issues related to intoxication and consent.
What is the main area of reform in the SOA 2003?
Absence of Consent
The SOA 2003 focuses on reforming the legal definitions and understanding of consent in sexual offences.
What is the Actus Reus of rape?
Intention to penetrate vagina, anus or mouth
This refers to the physical act required to constitute the crime of rape.
What does mens rea refer to in the context of rape under SOA 2003?
Did not have a Reasonable Belief in Consent
This is defined under s1(1)(c) of the SOA 2003.
What constitutes a sexual assault according to s3 SOA?
A person commits an offence if:
* he intentionally touches another person
* the touching is sexual
* the other person does not consent
* the person touching does not reasonably believe that the other person consents
This outlines the criteria for defining sexual assault in legal terms.
What is included in the definition of ‘touching’ under s79(8)?
Touching includes:
* any part of the body
* anything else
* through anything
This broad definition ensures various forms of contact are covered under the law.
What does the term ‘sexual’ mean under s78?
Touching or any other activity is sexual if:
* a reasonable person would consider that it is sexual because of its nature
* or it may be sexual due to circumstances or purpose
This establishes a two-tier approach to defining sexual acts.
What is the first part of the two-tier approach in determining if an act is sexual?
Would a reasonable person think that because of its nature the act is sexual?
This part of the test looks at the inherent nature of the act itself.
What is the second part of the two-tier approach in determining if an act is sexual?
Would a reasonable person think, looking at the circumstances involved and/or purpose, that the act was actually sexual?
This part considers the context surrounding the act.
