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Sexual Offences Act 2003 (Rape (S.1(1), Sexual Offences Act 2003: A person…
Sexual Offences Act 2003
Rape
S.1(1), Sexual Offences Act 2003: A person (A) commits an offence if- (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents.'
Actus reus elements:
penetrates
the vagina, anus or mouth of another person
with his penis
B does not consent
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'Penetration': S.79(2),Sexual Offences Act: Penetration is a continuing act from entry to withdrawal
R v Park (2008): "Any degree of penetration...is sufficient"
'Penis': As penile penetration is an essential element of rape, only men can commit the offence as principle.
No other elements to the acts reus: F v DPP (2013): Ejaculation is irrelevant to this definition: so is pregnancy. If ejaculation occurs it may be an aggravating feature relevant to sentence. It is irrelevant to proof of the offence itself
'Vagina, anus or mouth': R v Ismail (2005): "The fact that this was oral rape does not mean that it is any less serious that vaginal or anal rape."
Mens rea: 'A does not reasonably believe that B consents': S.1(2), Sexual Offences Act 2003: 'Whethter a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.'
Drunken belief in consent: R v Fotheringham (1988): "In rape, self-induced intoxication is no defence, whether the issue be intention, consent or, as here, mistake as to the identity of the victim."
Assault by Penetration
Sexual Offences Act 2003, s.2(1): 'A person (A) commits an offence if (a) he intentionally penetrated the vagina or anus of another person (B) with a part of his body or anything else, (b) the penetration is sexual, (c) B does not consent to the penetration and (d) A does not reasonably believe that B consents
Actus reus elements:
penetrates
vagina or anus of another person
with part of his body or anything else
B does not consent
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'With part of his body or anything else': R v McNally (2013): "There were lots of occasions of oral penetration and occasions of digital penetration."
Sexual: defined in s.78,Sexual Offences Act 2003: 'Penetration, touching or any other activity is sexual if a reasonable person would consider that:
(a) whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, or
(b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual.'
Sexual Assault
S.3,Sexual Offences Act 2003: 'A person (A) commits an offence if- (a) he intentionally touches another person (B), (b) the touching is sexual, (c) B does not consent to the touching and (d) A does not reasonably believe that B consents
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Touching: s.79(8), Sexual Offences Act 2003: 'Touching includes touching-
(a) with any part of the body
(b) with anything else
(c) through anything,
and in particular includes touching amounting to penetration.'
Through anything: The fact that B is clothed at the time is no defence
R v Elvidge (2005): A touched B through her clothes
R v H (2005): A grabbed B's trouser pocket
'Sexual Touchings': S.78(a) touching is sexual because of its nature:
- R v Heard (2007)
S.78(b) touching which is sexual because of the circumstances or purpose
- R v W (2005): A kissed B on the face 'whilst she protested.
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