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Sexual Offences - Coggle Diagram

- - - - aggravated sexual assault
        
        serious violence or threat of violence, cause injury, humiliation or degradation
        
        elements
        
        intentional assault or threat of violence which cause injury, humiliation or degradation
        
        maximum penalty of life imprisonment
- - - - R v Camplin deliberatley got girl drunk, barely concious, refused earlier, no longer capable of refusing
      - R v Lang what is important is if understand what was happening and capable of giving consent
  - - - R v Williams music lessons, didn't realise sexual act, fruad as to nature
      - r v flattery thought consenting to medical operation when actulally sex - fraud
      - R v Linekar lied about payment, no rape as knew physical body and nature of act
    - - thought it was different physical body
      - R v Papadimitropolous girl with no english, told she and older man were married, thought was honeymoon, have sex, not actually married - no rape - she understood going to have sex and consented to sex with that physical man
      - R v Dee husband fishing, wife in bed, thinks its her husband didn't realise wasn't - rape
    - - R vv Mabior had disease, told to tell partners, didn't - convicted in cases where no condom and high viral load
      - Hutchinson v R woman agreed to sex if used condom, he poked hole in it she became pregant - set aside consent due to fraud - woman could decide risk of preganancy
- - - - s2 offence for defiling child under 15
        
        defence if genuinely believed child 15 - burden on defence
        
        life imprisonment
        
        rape, sexual intercourse, act, buggery, aggravated sexual assault
      - s3 defiling child under 17
        
        sexual act
        
        5 years max, 10 if position of authority
        
        defence if genuine belief
        
        attempt
        
        ss3(2) - 2 years max or 4 years if position of authority
  - - - s4 invites to sexual touching - up to 14 years
      - obtaining or providing child for sexual exploitation - s3
      - s5 engaging in sex in front of child under 17 - knowingly
      - s7 intending to travel or meet a child for purpose of sexual exploitation
  - - - sexual intercourse with mentally impaired person - maximum 10 years - 3 on first conviction
      - buggery of mentally impaired person (oral or anal)
      - proceedings required consent of DPP
      - defence
        
        didn't of mental impairment
        
        married to mentally impaired person
        
        consent not a defence
- - - - sexual intercourse without consent
      - physical element
        
        penetration
        
        people v dermody doesn't matter if very slight penetration
        
        consent
        
        kaitamaki can be withdrawn at any time
    - - knew or reckless there was no consent - s2 - 1981
        
        subjective test
        
        DPP v Morgan RAF base, invites person to have sex with wfie, says she'll resist - she does resist but carries on - convicted - any mistaken belief must be genuine - didn't believe genuine in this case
        
        DPP v McDonagh gang rape, not genuine belief onsented due to payment of money - confirmed morgan
        
        DPP v C'O'R mother and son drinking, she blacked out, he claimed consensual sex - must have genuine belief someone is consenting - no room for might
        
        DPP v O'R if aware risk woman not consenting byt proceeded anyways recklessness establsihed - up to jury if genuine belief (even if unreasonable belief that woman was consenting are acquited_
    - - man sex with woman who does not consent
      - either knows no consent or reckless about it
    - - life sentence
      - penetratio no matter how slight of anus or mouth by penis or penetration of vagina by any object held or manipulated by another person
- - - - buy under 14 could carry out rape- s6
      - man could rape his wife - s5
        
        R v A - australia - retrospective never allowed