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18 Cards in this Set
- Front
- Back
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Sexual Offences Act 2003 s.1 |
A person (A) commits an offence if: a) he intentionally penetrates the vagina, anus or mouth of another (B) b) B does not consent to penetration c) A does not reasonably believe that B consents |
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Rape |
AR: penetration, absence of consent MR: intent as to penetration, no reasonable belief as to consent |
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R v Kaitamaki |
penetration as a 'continuing act from entry to withdrawal' - s.79(2) |
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s.74 |
a person consents if he agrees by choice and has the freedom and capacity to make this choice |
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R v Bree |
considered as rape if through vol. intoxication V lost her capacity to consent |
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R v H [2007] |
vol. intoxication, not saying 'no' at the beginning not fatal for prosecution |
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s.76 conclusive presumptions |
if D: 2. a) intentionally deceived C as to the nature or purpose of the relevant act b) intentionally induced C to consent to the relevant act by impersonating a person known personally to C => C did not consent to act, D did not reasonably believe in consent |
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R v Jheeta |
s.76 limited to the 'act' /threatening messages/ |
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R v B [2013] |
'purpose' should not be construed too widely |
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R v Linekar |
consent not destroyed if reason is for money |
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R v Flattery |
'break nature's string' - rape |
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R v Williams [1923] |
consent obtained by fraud, 'cure a problem with breathing' |
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Assange v Swedish Judicial Authority |
sex w/out condom, s.76 should be given stringent construction, s.74 may apply |
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R (F) v DPP |
consent negated because V was deprived of choice relating to crucial feature on original base of consent /ejaculate w/out consent/ |
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R v McNally |
active deception as to gender considered under s.74; vitiates consent |
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s.75 evidential/rebuttable presumptions |
2. a) at time or immediately before act V was subject to or made to fear violence against her b) or another person c) C was and D was not unlawfully detained at time of act d) C was asleep or otherwise unconscious e)bc of physical disability C would not have been able to communicate whether she consents f) C administered drug without consent, having regard to when it was taken => if consent proved -> try under s.74 |
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DPP v Morgan |
before: D could be acquitted if he had a genuine belief in consent, however unreasonable |
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R v B (MA) [2013] |
mental disorder irrelevant if it did not induce D to believe in consent |
