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11 Cards in this Set
- Front
- Back
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Types of sexual misconduct |
1. Sexualactivity carried out in the absence of the consent of one of the parties
2. Sexual conduct carried outwhere one of the parties lacks the capacity to legal consent 3. Consensual activity but whichis deemed to be inherently wrong on the basis that it was repugnant totraditional moral standards |
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CC v Ireland |
- SC struck down as unconstitutional S.1 (1) of the Criminal LawAmendment Act 1935 which didn’t allow for ‘reasonable mistake’ as a defense to having sex witha minor.
- The Criminal Law(Sexual Offences) Act 2006 was passed after this and was applicable toboth sexes - A v Gov. of Arbour Hill Prison |
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Criminal Law (SexualOffences) Act 2006
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Statutory Rape - Sec. 2: Under 15 - Sec. 3: under 17 Honest belief is a defence but must be reasonable Position of authority prohibited |
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1990 Act- Sec. 2 |
- Sec. 2: Deals with indecent assault on both males andfemales - Guidelines laid down in R v Court - Where the accused either intentionally or recklessly directly or indirectlyapplies force to the body of the complainant or where the accused causes thecomplainant to reasonably fear that they will be subjected to immediatephysical contact to which they do not consent. - Max sentence 5 years |
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Mens Rea |
- Involves the man’s knowledge of the woman’s absence of consent or his recklessness to that fact.
- Where the man believes that the woman is consenting it then becomes a question of whether honest belief is enough, or whether it must also be reasonable. |
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Recklessness + Test |
- Concerns the absence of reasonable grounds for the defendant’s honestly held belief. - As found in the SC case of DPP v McDonagh (1996). The test for recklessness is likely to besubjective. - In DPP v Creighton,the Court of Criminal Appeal stated that recklessness was the same as heedless conduct. |
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1981 Act |
- Sec 2.1: provides the statutory basis for what is referred to as “common law rape”. - Vaginal intercourse only - Complete upon penetration. In AG v Dermody, it was heldthat the slightest penetration would suffice. |
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Consent |
- Consent must be freely given, and where consent is subsequentlywithdrawn the male must desist or be liable for a charge of rape - Kaitamaki v R, held that rape is a continuing act |
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Vitiating Factors |
- Consent gained through fraud, fear or intimidation - Must be capable of giving consent - Must not be intoxicated - |
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Failure to resist |
- Sec. 9 of the CriminalLaw (Rape) (Amendment) Act 1990 provides that the failure to offer resistance doesnot offer consent. - Jury may infer consent - R v Olugboja the court of appealheld that while consent involves submission, the reverse is not always true - Max sentence of life |
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1990 Act - Sec. 4 |
- 2 elements ; 1. Penetrationof the anus or mouth by the penis: or 2. Penetrationof the vagina by any object held or manipulated by another person |
