Crime-Sexual Offences

?
  • Created by: Lara
  • Created on: 04-05-17 16:18
Sexual Offences Act 1956 S1 (1) **** Definition
"It is a felony for a man to **** a woman"
1 of 21
Sexual Offences (Ammendment) Act 1976 Definition
"Unlawful sexual intercourse"
2 of 21
Marital Rap3 was legal until 1991
R v Miller 1954 -Wife pettitioned for e divorce, husband ***** her causing ABH. Court did not accept divorce petition as revoking consent. Husband charged for ABH.
3 of 21
"Decree Nisi"
Once "decree nisi" is granted the marriage has ended.
4 of 21
Criminal Justice and Public Order Act 1994
Anal **** included. Men can be ****d.
5 of 21
Sexual Offences Act 2003 S1 (1) **** Definition
He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis (must be penile) B does not consent to the penetration. He does not reasonably believe that B consented. (extended **** to incl oral sex)
6 of 21
Actus Reus of ****
Penetration of vagina, anus or mouth of B (by slightest degree). Penetration with his penis. B did not consent.
7 of 21
Mens Rea of ****
Intentional penetration. He had no reasonable belief in the consent (determined by all circumstances and measures taken to ascertain B's consent)
8 of 21
S79 (2) SOA 2003- Kaitamaki Case
"continuing act from entry to withdrawal" continued penetration after consent was revoked
9 of 21
S44 SOA 1956
No need for "emission of seed"
10 of 21
Standard of proof
"Beyond all reasonable doubt"
11 of 21
S 74 SOA 2003 Consent Definition
If B agrees by choice and has the capacity and freedom to make that choice
12 of 21
S 75 Evidential Presumptions
)1) Violence or threat used 2)Unlawfully detained 3) Asleep or unconscious 4) Physical disibility so could not communitcate consent 5) Substance so overpowered
13 of 21
S76 Conclusive presumption
Decieved B as to the nature of the act. Or tricked B by inpersonating someone known personally to them.
14 of 21
Flattery 1877
Dr ***** girl who thought it was an operation
15 of 21
Williams 1923
Oral sex **** by choir teacher
16 of 21
Elbekkay 1995
Impersonated boyfriend so consent by fraud
17 of 21
R v Miller 1954
Petitioned divorce. ***** by husband incurring ABH. Held no divorce so no **** in marriage. Convicted of ABH.
18 of 21
Olugboja 1981
Submission is not consent
19 of 21
Malone 1988
Force is not required for ****.
20 of 21
**** by mistake- DPP v Morgan 1976
A reasonable mistake will remove he mens rea for ****. In the past mistake had to be honest not reasonable, as in the case where co-worker was told B consented by her husband
21 of 21

Other cards in this set

Card 2

Front

"Unlawful sexual intercourse"

Back

Sexual Offences (Ammendment) Act 1976 Definition

Card 3

Front

R v Miller 1954 -Wife pettitioned for e divorce, husband ***** her causing ABH. Court did not accept divorce petition as revoking consent. Husband charged for ABH.

Back

Preview of the back of card 3

Card 4

Front

Once "decree nisi" is granted the marriage has ended.

Back

Preview of the back of card 4

Card 5

Front

Anal **** included. Men can be ****d.

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Sexual Offences resources »