Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
9 Cards in this Set
- Front
- Back
|
The most important act |
Sexual offences (scotland) Act 2009 |
|
|
Rape mens rea |
Without consent or reasonable belief of consent. Intention to or reckless penetration of mouth, anus or vagina with a penis |
|
|
Rape actus reus |
Penetration of anus, mouth or vagina with a penis (can only be committed by men) |
|
|
Sexual assault by penetration |
Sexual penetration of anus or vagina with any body part or object (can be committed by woman or a man) |
|
|
Sexual assault mens rea |
Intentionally committed or recklessly commited |
|
|
Sexual assault actus reus |
Any sexual penetration. Intentional or reckless touching. Any other sexual activity with intended or reckless physical contact. Ejaculation of semen intentionally or recklessly on to someone. Sexually emitting saliva or urine on someone intentionally or recklessly. |
|
|
Consent |
Free agreement (Section 12) |
|
|
No consent if |
Incapable of consent due to influence of alcohol or any other substance. Unlawfully detained. Consent obtained by violence or threat of it. Mistaken by deception. induced to agree by impersonation. Consent is given by someone else. Person asleep or unconscious. Incapable of understanding or any mental disorder. |
|
|
Mutebi v HMA (2014) |
Consent withdrawn in the middle of sex but it continued after withdrawn consent. However due to no evidence of the state of mind conviction abandoned. |
