Zusammenfassung der Ressource
Sexual Offences
- Rape: Sexual Offences Act 2003, Section 1
Anmerkungen:
- A commits rape if he
a) intentionally penetrates the anus/vagina/mouth of another with his penis
b) the victim does not consent to the penetration
c) A does not reasonably believe that B consents
- Penetration is a continuing act
SOA Section 79(2)
R v Kaitamaki - believed she was consenting at time of original penetration, held that it was a continuing act so when he realised she was not it became rape
- Was there consent? Section 74 - must
have freedom, capacity and agreement
by choice