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**** - Sexual Offences Act 2003
Terms in this set (8)
s.1 Sexual Offences Act 2003
A person (A) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis
'B' does not consent to the penetration and
'A' does not reasonably believe that 'B' consents.
- can only be committed by a male
- includes gender reassignment/surgery
s.74 Sexual Offences Act 2003
" ...a person consents if he/she agrees by choice, and has the freedom and capacity to make that choice"
- mental capacity? by choice?
- A child under the age of 13 years lacks the capacity to consent and so the defendant's belief in consent in respect of offences committed with young people under this age is irrelevant. Sexual assault of a child under 13 is a separate offence.
1) Evidential - can be argued by the defence
2) Conclusive - conclusive fact
Evidential presumptions about consent - s.75(a)
If it is proved in court that...
1) The defendant did the sexual assault
2) Any of the specified circumstances existed and
3) The defendant knew any of the specified circumstances existed
Then the court will make the assumption that the victim did not consent
Evidential presumptions; circumstances
- Use of or fear of violence (immediately before, or at the time or risk of violence to another person)
- Unlawful detention
- Unconsciousness (includes being asleep)
- Inability to communicate from physical disability
- Substances non consensually administered that are capable of stupefying or overpowering (unless voluntary)
Conclusive presumptions about consent - s.76(a)
If it is proved in court that:
1. The defendant did the sexual assault and
2. Any of the specified circumstances existed
Then the court will make the presumption that the victim did not consent.
Conclusive - cannot be rebutted by the defendant
Conclusive presumptions; circumstances
- Intentionally deceived the victim as to the nature or purpose of the relevant act
- Intentionally induced the victim to consent to the relevant act by impersonating an individual known personally to them.
Deceived or impersonated
Deceived the complainant as to the nature of the act
Example: the defendant intentionally tells the complainant that digital penetration of her vagina is necessary for medical reasons when in fact it is for his sexual gratification
Karl Lang, 49yrs, of Newport was convicted of 12 counts of causing women to engage in sexual activity without consent over a period of 4yrs from Nov 2005 - Sept 2009.
A fraud psychic, he duped young women into stripping naked and performing sex acts in front of him claiming it would improve their chances of contacting dead relatives. He was found guilty in Newport Crown Court June 2010 & sentenced to 2 yrs.
Or impersonated someone known to the complainant (But it must be of an individual known to the victim, not a film star etc)
Example: a man could impersonate his twin brother in order to engage in sexual activity with a woman whom he knows would be willing to engage in sexual activity with his brother.
THIS SET IS OFTEN IN FOLDERS WITH...
Drugs - Misuse of Drugs Act 1971
Theft - Theft Act 1968
Burglary - Theft Act 1968
Aggravated Burglary - Theft Act 1968
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