Sexual Offences and Consent

Vocabulary flashcards covering key concepts from the Sexual Offences Act 2003 and the definition of consent.

Rape (s 1 SOA 2003)

An act of penile penetration without consent, as defined under Section 1 of the Sexual Offences Act 2003.

Sexual Assault (s 3 SOA 2003)

An act that involves sexual touching without consent, covered under Section 3 of the Sexual Offences Act 2003.

Consent (SOA 2003)

Defined in sections 74-76 of the Sexual Offences Act 2003; requires agreement by choice with freedom and capacity to make that choice

Submission (R v Olugboja)

Submission to an act due to fear of violence or other coercion; does not constitute valid consent.

Conclusive Presumption

Under s 76 SOA 2003; situations where consent is legally negated, such as deception about the nature/purpose of the act or impersonating someone known to the complainant.

Evidential Presumption

Under s 75 SOA 2003; situations that raise a presumption against consent, but can be challenged with evidence.

s 74 Definition of ‘Consent’

Defined under s 74 of SOA 2003; requires the individual to agree by choice, have freedom, and have the capacity to make that choice.

Capacity (Consent)

Concerns V’s ability to understand information relevant to making a choice and to weigh that information to arrive at a choice.