Chapter 8 Multiple choice questions

true

false

What is the actus reus of rape?

a. Non-consensual penile penetration of the vagina

b. Non-consensual penile penetration of V's vagina, anus or mouth

c. Non-consensual penetration of the vagina

d. Non-consensual penetration of V's vagina, anus or mouth

What is a conclusive presumption of non-consent?

a. Where D's conduct comes within a conclusive presumption, it is established that V lacked consent and D lacked reasonable belief in consent

b. Where D's conduct comes within a conclusive presumption, it will be assumed that V lacked consent unless D can raise evidence to rebut that presumption

c. Where D's conduct comes within a conclusive presumption, it is not essential to prove that V lacked consent

d. Where D's conduct comes within a conclusive presumption, the jury will be directed to take this into account, but it will not impact the elements of the offence

What is a rebuttable presumption of non-consent?

a. Where D's conduct comes within a rebuttable presumption, it is established that V lacked consent and D lacked reasonable belief in consent

b. Where D's conduct comes within a rebuttable presumption, it is not essential to prove that V lacked consent

c. Where D's conduct comes within a rebuttable presumption, the evidential burden will be switched to D to raise evidence (of consent) to rebut the presumption

d. Where D's conduct comes within a rebuttable presumption, the jury will be directed to take this into account, but it will not impact on the elements of the offence

What are the main criticisms of the Sexual Offences Act 2003?

a. Over complexity and the definition of non-consent

b. That they are out of date

c. That sexual offences should not be treated separately from other non-fatal offences

d. That the current law is too general, and offences should be made more specific

What is the mens rea of rape?

a. Intentional penetration, with intention as to V's non-consent

b. Intentional penetration, with recklessness as to V's non-consent

c. Intentional penetration, with negligence as to V's non-consent

d. Intentional penetration, with a lack of reasonable belief that V is consenting

How is consent defined within section 74 of the Sexual Offences Act 2003?

a. V consents if she does not demonstrate objection, either by words or gestures

b. V consents if she agrees by choice, and has the freedom and capacity to make that choice

c. V consents if she agrees by choice

d. V consents if she demonstrates agreement or fails to demonstrate objection, and has the freedom and capacity to make that choice

Do all sexual offences within the Sexual Offences Act 2003 require an absence of consent from V to D's conduct?

a. Yes

b. No, but non-consent is required for all the serious offences

c. No, but it is required for most sexual offences

d. No. Non-consent is only an element of offences within sections 1-4

What mens rea requirement is common between sections 1-4 of the Sexual Offences Act 2003?

a. D must be reckless as to V's non-consent

b. D must know that V is not consenting

c. D must lack a reasonable belief in V's consent

d. D must lack a belief in V's consent

What is the actus reus of assault by penetration under section 2 of the Sexual Offences Act 2003?

a. Non-consensual sexual penetration of V's vagina or anus with D's penis

b. Non-consensual penetration of V's vagina with a part of D's body or anything else

c. Non-consensual sexual penetration of V's vagina or anus with a part of D's body or anything else

d. Non-consensual sexual touching

What is the actus reus of sexual assault under section 3 of the Sexual Offences Act 2003?

a. Non-consensual sexual penetration of V's vagina or anus with a part of D's body or anything else

b. Non-consensual sexual touching

c. Causing V to anticipate immediate non-consensual sexual touching

d. Non-consensual sexual penetration of V's vagina or anus with D's penis

How is the requirement of 'sexual' defined within the Sexual Offences Act 2003?

a. Sexual is not defined within the SOA 2003, but rather left to the common law

b. D's conduct is sexual in nature, or because of its nature it may be sexual and because of its circumstances it is sexual

c. D intends to gain sexual gratification

d. A reasonable person would consider that it is because of its nature sexual, or because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual

What kind of conduct is section 4 of the Sexual Offences Act defined to protect against? (Causing a person to engage in sexual activity without consent)

a. The offence will cover D (a woman) who causes V (a man) to penetrate her without consent, as well as cases of sexual activity with a third party, or even self-masturbation

b. The offence targets non-consensual sexual penetration with D's penis

c. The offence will cover consensual and non-consensual sexual exploitation, where V performs sex acts under D's control or influence

d. The offence targets all non-consensual sexual touching

Sections 5-8 of the Sexual Offences Act 2003 apply where V is aged under 13 years. Why would a prosecution charge these offences rather than those in sections 1-4?

a. Because these offences do not require the prosecution to prove that V did not consent, or that D lacked a reasonable belief in consent

b. Because these offences do not require the prosecution to prove any mens rea, including voluntary conduct

c. Because these offences do not require the prosecution to prove that sexual contact was made with V

d. Because these offences are punished much more severely than sections 1-4

Sections 9-12 of the Sexual Offences Act 2003 apply where V is aged under 16 years. What mens rea is required for these offences where V is under 16, but over 12?

a. It must be demonstrated that D lacked a reasonable belief in consent

b. There is no need to prove that D lacked a reasonable belief in consent, but D must know that V is under 16

c. There is no need to prove that D lacked a reasonable belief in consent, but D must be at least reckless as to V being under 16

d. There is no need to prove that D lacked a reasonable belief in consent, but it must be shown that D lacked a reasonable belief that V was 16 or over

Which of the following does NOT amount to an offence under section 5 of the Sexual Offences Act 2003? (Rape of a child under 13)

a. D penetrates V's mouth with his penis, V is 12

b. D penetrates V's vagina with his penis, V is 12 but D reasonably believes that she is older

c. D penetrates V's vagina with his penis, V is 13

d. D penetrates V's vagina with his penis, V is 12 but is consenting to the sexual encounter

If D (15) has sexual intercourse with V (12), where both parties are consenting, and D reasonably believes that V is at least 13, does D nevertheless commit rape of a child contrary to section 5 of the Sexual Offences Act 2003?

a. Yes

b. No

The offence of sexual grooming under section 15 of the Sexual Offences Act 2003 targets...

a. ... D (aged 16 or over) who communicates with V (aged 13 or under) on two or more occasions, with the intention to facilitate a sexual encounter

b. ... D (aged 18 or over) who communicates with V (aged 16 or under) on two or more occasions, with the intention to facilitate a sexual encounter

c. ... D (aged 16 or over) who communicates with V (aged 13 or under) and then travels or arranges to meet V with the intention to commit a sexual offence

d. ... D (aged 18 or over) who communicates with V (aged 16 or under) and then travels or arranges to meet V with the intention to commit a sexual offence

Causing a child to watch a sexual act is criminalised by...

a. ... the Offences Against the Person Act 1861

b. ... section 3 of the Sexual Offences Act 2003

c. ... section 12 of the Sexual Offences Act 2003

d. ... the common law

Are non-consent and age the only characteristics/circumstances protected within the Sexual Offences Act 2003?

a. Yes

b. No, other categories include those in familial relationships, positions of trust, and those with a mental disorder impeding choice

c. No, but they feature as vital issues in all offences

d. No, other categories include those with any mental illness

Sections 16-19 of the Sexual Offences Act 2003 criminalise those who abuse a position of trust. A position of trust does NOT include...

a. ... sibling

b. ... teachers

c. ... care-home workers

d. ... guardians

What are the two major exceptions to liability under sections 16-19 of the Sexual Offences Act 2003? (Abuse of a position of trust offences)

a. Where genuine consent can be demonstrated; and where V does not want D to be prosecuted

b. Where D and V are married; and where D and V had a consensual sexual relationship before the position of trust arose

c. Where V objects to D's prosecution; and where D and V had a consensual sexual relationship before the position of trust arose

d. Where D and V are married; and where D and V demonstrate genuine consent from both parties

Sexual offences based on a familial relationship apply...

a. ... only where the victim is a child, and require proof of V's non-consent

b. ... regardless of the age of the defendant or victim, but non-consent is required when V is an adult

c. ... only where the victim is a child, regardless of consent

d. ... regardless of the age of the defendant or victim, regardless of consent

Where D has sexual contact with V who has a mental disorder, do they necessarily commit a sexual offence?

a. No. D will only commit an offence here if V lacks consent

b. No. It will be necessary to investigate whether V consented and/or whether her condition impeded her ability to consent at the relevant time

c. Yes

d. No. It will depend on the type of disorder V is suffering from

Common criticism(s) of the offences within this category include...

a. ... all of the below

b. ... that they are overly complex

c. ... that they have the potential to over-criminalise, and under-criminalise

d. ... that there are too many of them, and so selecting the most appropriate offence is challenging

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