Sexual Offenses

Flashcards covering definitions and key points from the lecture on sexual offenses.

Rape (s 1 SOA 2003)

A person (A) commits an offence if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents.

Assault by Penetration (s 2 SOA 2003)

A person (A) commits an offence if he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, the penetration is sexual, B does not consent to the penetration, and A does not reasonably believe that B consents.

Sexual Assault (s 3 SOA 2003)

A person (A) commits an offence if he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, and A does not reasonably believe that B consents.

Definition of ‘Sexual’ (s 78 SOA 2003)

Objective test to determine if something is sexual based on its nature, circumstances, and/or purpose and how a reasonable person would view it.

Touching (s 79)

Any part of body, with anything, through anything, V need not even be aware of it

Rape Definition Breakdown

Rape is typically thought of as a ‘conduct crime’, but the penetration can also be thought of as an intentional result caused by D

Assault by Penetration Conduct

Penatration of V’s vagina or anus

Purpose of Criminal Law

A central purpose of criminal law is to regulate harmful personal conduct

Sexual Offences Act 2003

The 2003 Act made various changes to the offence of rape, and created assault by penetration, in an attempt to radically modernise the law on sexual offences