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Level 1

Sexual Offences


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Rape
s1 SOA
Assault by penetration
s2 SOA
Sexual assault
s3 SOA
Causing a person to engage in sexual activity
s4 SOA
Rape of a child under 13
s5 SOA
Assault by penetration of a child under 13
s6 SOA
Sexual assault of a child under 13
s7 SOA
Causing or inciting a child under 13 to engage in sexual activity
s8 SOA
Sexual activity with a child
s9 SOA
Evidential Presumptions
s75 SOA
Ciccarelli (2011)
Once an evidential presumption about consent had been triggered, ‘some evidence beyond the fanciful or speculative’ had to be introduced by the defendant before the issue of whether he had a reasonable belief in consent could be left to the jury.
R v Jheeta (2007)
V not deceived as to purpose of the act, but deceived as to the situation she found herself in. Not a conclusive presumption but conviction ensured because of the nature of the offence
Conclusive Presumptions
s76 SOA
H [2005]
Grabbing a pocket on V's tracksuit bottoms held to be sexual. TWO STAGE TEST FOR WHETHER CONDUCT IS SEXUAL
W [2005]
Kissing V's face held to be sexual
Osmani [2006]
D rubbing his penis on V's body held to be sexual
Burns [2006]
Touching V's breasts was held to be sexual
Touching
s79(8)
s4 SOA
Can be committed by words alone; is intended to be there for the female equivalent of rape
ss5-8
CONSENT IS NOT AN ISSUE WHEN THE CHILD IS UNDER 13- THEY DO NOT HAVE THE CAPACITY TO CONSENT IN ANY FORM
Williams [1923]
Deceit as to the purpose of the act- improve singing
Flattery (1877)
Deceit as to the nature of the act- pretending it was a medical procedure
R v B [2006]
s76(2)(a) does not apply to non-disclosure of HIV status