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18 Cards in this Set
- Front
- Back
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What act is rape governed under? |
Criminal Law (Rape) act 1981
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Section2(1) outlines? |
A man commits rape if he has "unlawful sexual intercourse with a woman" who does "not consent to it" or at the time "know of her non-consent" or he is "reckless" as to her consent |
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Actus reus of rape? |
-Unlawful -Sexual intercourse -Man -> women -Women does not consent |
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Mens rea of rape? |
Knows she does not consent or is reckless to her consent |
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Sexual intercourse is defined as what under s 63 of the OAPA act? |
Penetration of the vagina by the penis |
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Any penetration count? + case |
Even slightest penetration is sufficient - People v Dermody |
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Rape was originally regarded as what type of crime? |
Crime against property |
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Case showing marital rape not initially unlawful |
R v Kowalski - living together, failed marriage, separate rooms, forced at knife point |
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House of lords abolish the immunity rule for husbands |
R vR |
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Continuing nature of consent quote |
"sexual intercourse is a continuing act which only ends with withdrawal" - Kait a maki v R |
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Over what age does a boy become liable for rape and when/from what did this change |
10 - changed from 14 in 1990 |
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Resistance changes to consent, outline |
Previously the test was - was sexual intercourse against the woman's "will" changed to "without her consent". Protects women inebriated or asleep e.g Myer's case |
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Case where V was drunk and thus no consent, D argued consent given |
Held that if though drink etc complainant has "temporarily lost her capacity to chose" she is not consenting - R v Bree |
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Case where husband lours three fellow airmen to rape wife, stating she will resist but just for pleasure |
DPP v Morgan - held that no reasonable jury would have believed they were mistaken in regards to consent - all convicted. |
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Fraud can do what to consent |
Nullify it |
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Women went to bed, husband out fishing, different man gets in bed does not speak, engages in sexual intercourse - rape |
R v Dee |
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House part, V asleep, D gets into bed beside her and has sexual intercourse, V believed D to be her boyfriend. No active attempt to impersonate her BF. Held D must know why consent was given |
People v C |
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Define sexual assault |
An indecent assault which either causes unwanted contact or gives rise to a reasonable belief in the victim of being immediately subjected to such contact |
