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41 Cards in this Set
- Front
- Back
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whats the max prison sentence for rape |
life |
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under what act is rape charged |
sexual offences act 2003 |
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the penetration of which 3 places can result in rape |
vag, anus, mouth |
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what does the penetration need to be done with for rape |
penis |
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what are the 2 factors about consent in the definition of rape |
B doesnt consent to the penetration A doesnt reasonably believe B consented to the penetration |
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what is reasonable belief of D determined by |
all circumstances and steps A took to ascertain whether B consented |
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whats the AR for rape |
penetration with penis of vag/mouth/ass w/o consent |
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whats MR for rape |
intentional penetration D didnt have reasonable belief of consent determined in regard to circumstance and all steps taken to ascertain consent |
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what case introduced penetration of the mouth as rape |
Ismail |
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what section includes reconstruction surgery of transexuals |
s79(3) |
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what section says penetration is a continuing act from entry to withdrawal |
s79(2) |
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what case says the failure to withdraw on consent being revoked is rape |
Kaitamaki |
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does D need to ejaculate |
no |
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what case defines consent |
Jheeta |
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how is consent defined |
a person consents if he agrees by choice, and has the freedom and capacity to make that choice |
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what case says that mere submission and not resisting but not consenting either is still rape |
Olugboja |
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what case said marital rape was possible |
R v R |
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what case says V doesnt need to resist for lack of consent to be made clear |
Malone |
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in what case did D pretend to be a police officer to persuade V to consent to sex |
Jheeta |
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what are the 2 requirements of the ‘agreement’ requriement of consent |
awareness of nature of activity mistake or deception can vitiate consent |
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whats the 2 requirements of the ‘freedom’ requirement of consent |
lack of freedom vitiates consent courts need to assess the effect of the threat on C |
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whats the last requirement of the 3 requirements to test consent |
capacity to make that choice |
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what case says V needs to have sufficient knowledge and awareness and understanding of the act in question |
Jheeta |
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what case says that if V consents while intoxication its still consent unless V has lost their capacity to consent because of the intoxication |
Bree |
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what are the 2 presumptions relating to consent |
evidential presumption and conclusive presumption |
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what are the 5 factors under evidential presumption that show V didnt consent |
D used violence V unlawfully detained V was asleep V ohysically disabled: couldnt communicate consent V was drugged |
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what conclusive presumptions show V didnt consent |
1 D deceived V intentionally 2 D impersonated someone to obtain V’s consent |
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what does D have to show that he did think V consented |
a reasonable belief in consent |
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for D’s consent, how is reasonableness assessed |
by taking into account all relevant circumstances including D’s actions to confirm consent |
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how can the prosecutor rebut D claiming reasonable belief |
by proving all of evidential presumption or all of conclusive presumption |
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what is the AR for assault by penetration |
penetration of anus or vagina by using anything penetration sexual no consent |
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whats the MR for assault by penetration |
intentional penetration D didnt reasonably believe C consented |
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whats the AR for sexual assault |
touching another person sexually without consent |
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whats the MR for sexual assault |
intentional touching w/o reasonable belief in consent |
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what case says its still sexual assault if D touches V through something in a sexual way without consent |
H |
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how is whether an act is sexual determined |
objective test, would the reasonable person think it’s sexual |
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whats an example of a sexual assault where theres sexual touching |
Osmani (D rubs his dick on V) |
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for sexual assault whats the key thing that needs to be decided |
whether the touching was sexual because of the circumstances |
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whats the AR for s4 ‘causing a person to engage in sexual activity w/o consent’ |
proof of D making an act D causes C to engage in it |
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what case says for causing someone to engage in sexual activity without consent the sexual act doesnt need to be performed |
H (2008) |
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what case says that causing a person to engage in sexual activity without consent can be committed by words alone |
Devonald |
