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6 Cards in this Set
- Front
- Back
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What are the actus reus and mens rea of rape? |
Sexual Offences Act 2003, s1: AR: 1) Penile 2) Penetration 3) Of the Vagina, Anus or Mouth 4) Without Consent MR: 1) Intentional penetration, AND 2) Lack of honest and reasonable belief in consent |
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Which case exemplifies that D's belief in consent must be reasonable? |
Morgan
Multiple defendants gang-raped V after being told by V's husband that this was her fantasy. Held: This belief in consent was unreasonable. |
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What are the AR and MR of Assault by Penetration? |
s2: AR: 1) Intentional penetration of the vagina or anus 2) With part of his body or anything else 3) Without V's consent MR: Lack of reasonable belief in consent |
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What are the AR and MR of Sexual Assault? |
s3: AR: 1) D intentionally touches V 2) The touching is sexual 3) V does not consent to the touching MR: Lack of reasonable belief in consent |
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What are the six situations defined by s75 that produce a rebuttable presumption that there was no consent? |
1) Use of violence 2) Threat of violence 3) V was unlawfully detained 4) V was asleep or otherwise unconscious 5) Physical disability that makes it impossible for V to communicate consent to D 6) D had caused V to take a substance without their consent that made V stupefied or overpowered at the time of the act |
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What two requirements for consent did the case of Cooper provide? |
1) V has to be able to understand the nature of the act, AND
2) V has to be able to weight information to arrive at a choice determining whether or not to have sex |
