Sexual Offences

What is the AR of **** under the Sexual Offences Act? (SOA)

s1(10 Penetration of the vagina,anus or mouth by the penis without the victims consent'

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What is consent defined as under the SOA?

s74 'A person consents if he agrees by choice and has freedom and capacity to make that choice'

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What is the conclusive presumption under SOA?

s76 - P must prove that the D did the relevant act and either intentionally deceived the C as to nature/purpose of act or intentionally induced C to consent to act by impersonating a person they know.

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What is the evidential presumption under SOA?(Rebutable)

P raised but can be rebutted by evidence raised by D.

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What are the defined circumstances set out under SOA?

s75(2) Use of violence causing C to fear,violence against another,C was unlawfully detained,Asleep/unconscious, C had physical disability - can't con, administered substance to C w/o con causing C to be stupefied/overpowered.

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What is the MR of ****?

D's penetration is intentional, D must not reasonably believe C con to relevant act.

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What is reasonable belief defined as?

Determined by having regard to all the circumstances, including any steps the D has taken to ascertain whether the C consents.

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Does MR apply to the presumptions?

Yes, for the conclusive presumption (s76) to apply the P must prove intention not recklessness on D's behalf. For Rebuttable presumption (s75) P must prove the D knew of the existence of the particular defined circumstances.

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What is the AR of assault by penetration under SOA?

s2 - penetrates the vagina or anus of another person with a part of his body or anything else and the penetration is sexual and the victim doesn't consent.

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What is the MR of ABP under SOA?

s2 - He intentionally penetrates and he doesn't reasonably believe that the victim consents.

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What is sexual defined as under the SOA?

s78- Penetration,touching or anything else is sexual if a reasonable person would consider that whatever it's circumstances/persons purpose it is because of it's nature sexual, due to its nature it may be sexual/it's circumstances/purpose it's sexual

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What is the AR of sexual assault (SA) under SOA?

s3 - D touches C,touching is sexual,C doesn't consent to touching.

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What is touching defined as under the SOA?

s79 - includes touching with any part of the body or anything else and through anything.

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What did R v H establish?

Touching can be sexual because of it's nature and circumstance surrounding the touching.

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What is the MR for SA?

s3 - Intends to touch and doesn't reasonably believe the victim consents.

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What did R v Kirk establish?

Whether or not the victim consented, due to the circumstances of the V 'desperation' it was held she had not consented.

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Sexual Offences

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