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Rape - Coggle Diagram
Rape
Penetration
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as soon as consent ceases, man must withdraw
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R v R [1992]
Changed law making it legal for a wife to refuse to have sex with her husband, making a husband able to commit rape of his wife
If both D and V are aware that consent has ended, the original consent is irrelevant
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AR - D intentionally penetrates the vagina, anus, or mouth of another person with his penis
V does not consent to the penetration
D does not reasonably believe that V consents
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R v Kirk [2008] - held that due to the circumstances [14 year old girl who had sex with the D to buy food], D was guilty of rape despite no obvious pressure placed on the complainant to consent, but that she could not choose freely
held that unless there is evidence that V consented, it will be presumed that V didn't consent
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R v Flattery (1877) D was a doctor while V was in surgery D had sex with V which was rape as V gave consent for surgery not sex.