3013360
| Question | Answer |
| DEFINE Sexual | Under S78 Sexual Offences Act 2003 TWO PART TEST 1) An activity will be considered sexual if a reasonable person would consider it sexual 2) Unless the specific circumstances render it non-sexual (eg medical procedures) |
| DEFINE Consent | S74 Sexual Offences Act 2003 A person consents if he agrees by choice, and has the freedom and capacity to make that choice |
| LEGISLATION That makes rape an offence | S1 Sexual Offences Act 2003 |
| S1 Sexual Offences Act 2003 makes what an offence? | Rape |
| TRUE OR FALSE A woman can commit rape contrary to S1 Sexual Offences Act 2003 | FALSE If a woman forcibly penetrates herself with the penis of an unwilling man, she instead commits an offence under S4 Sexual Offences Act 2003 |
| SENTENCE Rape, contrary to S1 Sexual Offences Act 2003 | INDICTMENT ONLY Life imrisonment |
| What must happen for a rape to have been committed? | The penetration of the VAGINA, ANUS OR MOUTH by a PENIS. An offender cannot rape someone with their fingers. |
| LEGISLATION That makes assault by penetration an offence | S2 Sexual Offences Act 2003 |
| S2 Sexual Offence Act 2003 makes what an offence | Assault by penetration |
| Which parts of the body can be penetrated to constitute a rape offence? | Mouth, vagina, anus |
| Which parts of the body can be penetrated to constitute an assault by penetration offence? | Vagina and anus NOT mouth as in rape |
| TRUE OR FALSE It must be known what penetrated the defendant in order to secure a conviction for a assault by penetration charge | FALSE It is not necessary for the victim to know or explain what they were penetrated with. Useful for blindfolded incidents. |
| SENTENCE Assault by penetration, contrary to S2 Sexual Offences Act 2003 | INDICTMENT ONLY Life imprisonment |
| TRUE OR FALSE Assault by penetration, contrary to S2 Sexual Offences Act 2003, can be committed by a female | TRUE |
| LEGISLATION That makes sexual assault an offence | S3 Sexual Offences Act 2003 |
| S3 Sexual Offences Act 2003 makes what an offence? | Sexual assault |
| SENTENCE Sexual assault, contrary to S3 Sexual Offences Act 2003 | EITHER WAY S) Six months imprisonment I) Ten years imprisonment |
| What are the four key points to prove for sexual assault? | 1) A intentionally touched B 2) The touching is sexual 3) B does not consent 4) A does not reasonably believe B consents |
| TRUE OR FALSE An offences of sexual assault contrary to S3 Sexual Offences Act 2003 requires A to have actually touched B | TRUE If A has not managed to actually touch B, consider an attempted offence instead |
| LEGISLATION That makes causing another person to engage in sexual activity without consent an offence | S4 Sexual Offences Act 2003 |
| S4 Sexual Offences Act 2003 makes what an offence? | Causing another person to engage in sexual activity without consent |
| SENTENCE Causing another person to engage in sexual activity without consent, contrary to S4 Sexual Offences Act 2003 | EITHER WAY S) Six months imprisonment I) Ten years imprisonment |
| What must occur for a S4 offence to be elevated to a S4(4) offence under the Sexual Offences Act 2003 | Penetration |
| SENTENCE S4(4) Sexual Offence | INDICTMENT ONLY Life imprisonment |
| How long does a complainants anonymity last? | The protection of anonymity applies as soon as the offence has been committed, and lasts for the complainant's life time, regardless of whether or not criminal or civil proceedings follow. |
| LEGISLATION That causes trespass with intent to commit a sexual offence an offence | S63 Sexual Offences Act 2003 |
| S63 Sexual Offences Act 2003 makes what an offence? | Trespass with intent to commit a sexual offence |
| TRUE OR FALSE An offence under S63 Sexual Offences Act 2003 can be inferred from what the trespasser says, does, or has in his or her possession | TRUE Trespass alone is not a criminal offence, but is a component of many criminal offences such as this one |
| LEGISLATION That makes exposure ("flashing") an offence | S66 Sexual Offences Act 2003 |
| S66 Sexual Offences Act 2003 makes what an offence? | Exposure ("flashing") |
| LIST Two points to prove for an exposure charge | 1) They intentionally expose their genitals AND 2) They intend that someone will see them and be caused alarm or distress |
| TRUE OR FALSE Someone must have ACTUALLY seen the activity for a charge to be brought under S66 Sexual Offences Act 2003 | FALSE This person may be hypothetical (that is, someone could have seen the activity) |
| LEGISLATION That makes voyeurism an offence | S67 Sexual Offences Act 2003 |
| S67 Sexual Offences Act 2003 makes what an offence? | Voyeurism |
| LIST Four ways in which an offence of voyeurism may be committed if there is no consent | 1) Direct observation of a private act 2) Operating equipment with intent to enable another to watch a private act remotely 3) Recording a private act with intent that any person will view the image 4) Adapting a structure to enable direct observation of a private act |
| DEFINE Private Act in relation to sexual offence legislation, specifically S67 Sexual Offences Act 2003 | The person is in a place which, in the circumstances, would reasonably be expected to provide privacy, and 1) The person's genitals, buttocks or breasts are exposed or covered only with underwear, or 2) The person is using a lavatory, or 3) The person is doing a sexual act that is not of a kind ordinarily done in public. |
| If there is no reasonable expectation of privacy, can an offence of voyeurism contrary to S67 Sexual Offences Act be committed? | It is unlikely. Whether there is a reasonable expectation of privacy will depend upon the facts in each case. If a person is in their garden which can be seen from the public footpath, then the reasonable expectation of privacy is much less, if there is any at all, compared with a garden that is totally secluded. |
| LEGISLATION That makes sexual activity in a public lavatory an offence | S71 Sexual Offences Act 2003 |
| S71 Sexual Offences Act 2003 makes what an offence? | Sexual activity in a public lavatory |
| LEGISLATION That makes outraging public decency an offence | No legislation, this is a common law offence |
| LIST Points to prove for a charge of outraging public decency contrary to common law | 1) The act was lewd, obscene and disgusting in nature 2) It was in a place the public have access too (even if just by line-of-sight) 3) Hypothetically, it could have been witnessed by two or more reasonable people who would have been offended |
| LEGISLATION Which makes the possession of extreme pornographic images an offence | S63 Criminal Justice and Immigration Act 2008 |
| S63 Criminal Justice and Immigration Act 2008 makes what an offence | Possession of extreme pornographic images |
| LIST The relevant acts which cause possession of pornographic images containing them to become an offence | 1) An act which threatens a person's life 2) An act which results in or is likely to result in serious injury to a person's anus, breast or genitals 3) An act involving sexual interference with a human corpse 4) A person performing an act of intercourse or oral sex with an animal |
| DEFINE Pornographic image | A moving or still image, produced by any means or data (stored by any means) which is capable of being converted into a moving or still image, of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal. |
| In what circumstances may an image be excluded from an offence under S63 Criminal Justice and Immigration Act 2008? | If an image forms part of a series of images contained in a recording of the whole of a classified work, then this offence does not apply. A classified work means that it has been given a classification certificate by a designated authority, such as the British Board of Film Classification. |
| LIST Possible defences against a charge brought under S63 Criminal Justice and Immigration Act 2008 | 1) They had a legitimate reason for being in possession of the image concerned; 2) They had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image; 3) They were sent the image concerned without any prior request having been made by or on behalf of the person, and did not keep it for an unreasonable time. |
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