Criminal Law Chapter 8: Rape and Sexual Offences

What is the primary focus of the core sexual offences?

Non-consensual contact

Why is the offence of rape considered a conduct crime?

Because it involves non-consensual contact

What is the maximum sentence for the offence of rape?

Life imprisonment

What is required for the actus reus of rape to be satisfied?

Penile penetration without consent Signup and view all the answers

Who can commit the offence of rape as a principal offender?

Only a man Signup and view all the answers

What happens if A uses an object to penetrate B without consent?

A commits a different sexual offence Signup and view all the answers

What is the significance of s79(3) in the context of rape?

It allows conviction where A has a surgically constructed penis. Signup and view all the answers

What was the historical focus of the offence of rape?

Attack on virginity. Signup and view all the answers

What is the minimum age at which A can be capable of committing the offence of rape?

10 years old. Signup and view all the answers

What is the significance of the 1991 court ruling in the context of rape?

It established marital rape as rape. Signup and view all the answers

What is the central requirement of the offence of rape?

That B lacks consent. Signup and view all the answers

What is the focus of the law when analyzing whether B lacked consent?

The subjective mind of B. Signup and view all the answers

What is the purpose of sections 76, 75, and 74 of the SOA 2003?

To provide a clear message that consent will not be present in certain circumstances. Signup and view all the answers

What is the significance of section 76 of the SOA 2003?

It sets out a set of conclusive presumptions of non-consent. Signup and view all the answers

What is required for A's deception to fall under the conclusive presumptions of non-consent?

It must be intentional. Signup and view all the answers

What is the significance of penetration need not be substantial or repetitive in the context of rape?

It means that penetration can be minimal or brief. Signup and view all the answers

What is the purpose of section 75 in relation to consent?

To create a rebuttable presumption of non-consent in specific scenarios Signup and view all the answers

What is required for a valid choice to consent according to the House of Lords?

Both a and b Signup and view all the answers

What is the distinction made in the context of deception in Lawrence?

Between deception as to the physical sexual activity and broader circumstances Signup and view all the answers

What is the mens rea requirement for rape in relation to penetration?

A must intend to penetrate Bs vagina, anus, or mouth Signup and view all the answers

What is the effect of a rebuttable presumption of non-consent under section 75?

It places the burden on A to provide evidence to rebut the presumption Signup and view all the answers

What is the significance of the concept of freedom in the context of consent?

It refers to the ability of B to make a choice free from external constraints Signup and view all the answers

What is the purpose of section 74 in relation to consent?

To provide a general definition of consent Signup and view all the answers

What is the effect of a threat of violence on Bs freedom of choice?

It may undermine Bs consent if it is made at the time of the sexual act Signup and view all the answers

What is the significance of the concept of capacity in the context of consent?

It refers to the ability of B to understand the information relevant to making a choice Signup and view all the answers

What is the mens rea requirement for rape in relation to non-consent?

A must know that B is not consenting Signup and view all the answers

What is the difference between the AR of s2 and the AR of rape?

The AR of s2 requires penetration with any body part or object, while the AR of rape requires penetration with a penis Signup and view all the answers

What is the significance of section 76 in the context of non-consensual sexual activity?

It creates a conclusive presumption of non-consent Signup and view all the answers

What is the difference between the MR of s2 and the MR of rape?

The MR of s2 is the same as the MR of rape Signup and view all the answers

What is the significance of section 78 in the context of sexual offences?

It defines the term 'sexual' Signup and view all the answers

What is the central element of the offence of sexual assault under s3?

Non-consensual sexual touching of any kind Signup and view all the answers

What is the difference between the AR of s3 and the AR of s2?

The AR of s3 requires non-consensual touching, while the AR of s2 requires non-consensual penetration Signup and view all the answers

What is the significance of section 79(8) in the context of sexual offences?

It defines the term 'touching' in the context of sexual assault Signup and view all the answers

What is the central element of the offence of causing a person to engage in sexual activity without consent under s4?

A causing B to engage in non-consensual sexual activity Signup and view all the answers

What is the difference between the MR of s3 and the MR of s4?

The MR of s3 and the MR of s4 are the same Signup and view all the answers

What is the significance of the 'causal link' in the context of the offence of causing a person to engage in sexual activity without consent under s4?

It requires A's conduct to be the cause of B's non-consensual sexual activity Signup and view all the answers

Under what circumstance will the conclusive presumptions of non-consent not be engaged?

If B was inadvertently misled as to the nature or purpose of the act Signup and view all the answers

What does deception as to the purpose of the act not include?

Deception as to B's purpose Signup and view all the answers

Under what circumstance will the jury find a lack of consent?

If the rebuttable presumptions of s75 are not rebutted Signup and view all the answers

What is required for the rebuttable presumption of non-consent to apply?

A must have knowledge of the relevant facts Signup and view all the answers

What is the definition of deception as to the nature of the act?

B is misled as to the physical mechanics of the act Signup and view all the answers

When will the conclusive presumption of non-consent apply regarding A's identity?

A intentionally and actively pretends to be someone who B knows personally Signup and view all the answers

What is the primary difference between the conclusive and rebuttable presumptions?

The conclusive presumption establishes a lack of consent, whereas the rebuttable presumption does not Signup and view all the answers

What is a scenario in which the rebuttable presumption of non-consent will arise?

If violence has been used against B at the time or immediately before the relevant act Signup and view all the answers

What is the significance of the CoA's decision in Linaker?

It established that deception as to the purpose of the act does not include deception as to B's purpose Signup and view all the answers

Under what circumstance will the conclusive presumption of non-consent not apply?

If A pretends to have certain attributes such as a well-paid job Signup and view all the answers