Chapter 11 Multiple choice questions

. Which of the following pieces of legislation reformed the law on sexual offences?

The Coroners and Justice Act 2009

The Sexual Offences Act 2003

The Criminal Justice Act 2003

The Sexual Offences and Crime Act 2004

. Which of the following statements about the actus reus of rape is incorrect?

It must be proved that A penetrated B's vagina, anus or mouth with his penis

It must be proved that B ejaculated

It must be proved that B did not consent

B may be male or female or transsexual

. Which of the following statements about the mens rea of rape is correct?

The prosecution must prove that the defendant did not honestly believe the complainant was consenting

The prosecution must prove that the defendant knew or was reckless as to whether the complainant was consenting

The prosecution must prove that the defendant did not reasonably believe the complainant was consenting

The prosecution must prove the defendant's mens rea re: consent by establishing the presumptions under s.75 and s.76, Sexual Offences Act 2003

. In which of the following situations would absence of consent by B not be established?

B has sexual intercourse with A after he threatens her with a knife.

B consents to sexual intercourse with A after he promises her an acting part in a film he is producing. A has no intention of honouring his promise.

B, a vulnerable adult with learning difficulties, has sexual intercourse with A, a doctor, after he convinces B that this is a necessary medical procedure.

A and B have previously had consensual sexual intercourse. A drugs B and has sexual intercourse with her while she is unconscious.

. In the offence of sexual assault contrary to s.3 SOA 2003, the question whether a touching is sexual is determined in a trial on indictment by whom?

The complainant

The prosecutor

The jury

The judge

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