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Return to Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources
Chapter 8 Self-test questions
Sexual offences
Select a Topic
Select a Topic
SOA 2003, s1: rape
SOA 2003, s2: assault by penetration
SOA 2003, s3: sexual assault
SOA 2003, s4: causing a person to engage in sexual activity without consent
Sexual offences against children under 13 years
Sexual offences against children under 16 years
Status-based and relationship-based sexual offences
Number of questions to try
Start Quiz
*
not completed
What is the
actus reus
of rape?
Penetration of the vagina, anus, or mouth, with a penis, without consent.
correct
incorrect
Penetration of the vagina or anus with a penis, without consent.
correct
incorrect
Penetration of the vagina with a penis, without consent.
correct
incorrect
Penetration of the vagina with the penis or finger(s), without consent.
correct
incorrect
*
not completed
What is the
mens rea
of rape?
Intentional vaginal penetration.
correct
incorrect
Intentional sexual conduct of a kind which could lead to D's erect penis entering V.
correct
incorrect
Intentional vaginal, anal, or oral penetration.
correct
incorrect
Intentional penetration and lack of reasonable belief in consent.
correct
incorrect
*
not completed
What are the "irrebuttable" conclusive presumptions of non-consent?
Deception as to the nature of sexual intercourse.
correct
incorrect
Deception as to the nature or purpose of the act, or as to the identity of D.
correct
incorrect
Deception as to D's age and marital status.
correct
incorrect
Deception as to D's intentions as to any later relationship, or whether one exists.
correct
incorrect
*
not completed
What are the "rebuttable" evidential presumptions of non-consent?
Use of unwanted physical touch; Contact in an area not mutually agreed; D's interest in types of sexual activity beyond those of the V; Trying to exceed any agreement.
correct
incorrect
Deception as to D's professional status; Deception as to whether or not D is married; Deception as to D's age, Deception as to D's intentions in terms of the contact.
correct
incorrect
Use of violence; Fear of violence; Sleep or lack of consciousness; Unlawful detention; Physical disability preventing communication; Spiking, lacing or doping.
correct
incorrect
D's inability to obtain an erection; D's infertile status; D's ability to sustain sexual activity; D's attentions having been rebuffed on previous occasions; D's absence of any prior relationship.
correct
incorrect
*
not completed
What is the general definition of consent?
V agrees by choice, and has the freedom and capacity to make that choice.
correct
incorrect
V agrees because he or she really wants to partake in matters.
correct
incorrect
V agrees by informed choice, and this informed choice is supported by some evidence.
correct
incorrect
V agrees by choice, and there are no extraneous factors that could lead to that later being questioned.
correct
incorrect
*
not completed
What is the
actus reus
of assault by penetration?
Sexual penetration of the vagina or anus with a part of D's body, or by D with any other thing, without consent.
correct
incorrect
Sexual penetration of the mouth, with a penis, without consent.
correct
incorrect
Sexual penetration of the vagina, anus or mouth with a part of D's body, or by D with any other thing, without consent.
correct
incorrect
Sexual penetration which is directed towards a male V.
correct
incorrect
*
not completed
What is the
mens rea
of assault by penetration?
Intentional vaginal penetration with something other than a penis.
correct
incorrect
Intentional penetration and lack of reasonable belief in consent.
correct
incorrect
Intentional vaginal, anal, or oral penetration without consent.
correct
incorrect
Intentional sexual conduct of an intimate nature.
correct
incorrect
*
not completed
In a case of assault by penetration, the Prosecution must prove that the penetration was sexual. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
How does the law define "sexual"?
Whatever D's intentions, it is, by means of its circumstances, incontrovertibly sexual; or
Because of the situation in which it occurs it could be sexual, and because of D's conduct at the time, it is actually sexual.
correct
incorrect
Whatever the means by which the
actus reus
was carried out, the intentions of D at the time of the relevant act were sexual beyond reasonable doubt in the eyes of the jury.
correct
incorrect
Whatever its circumstances or any person's purpose in relation to it, it is, because of its nature, sexual; or
because of its nature it may be sexual and because of the circumstances or the purpose of any person in relation to it (or both) is sexual.
correct
incorrect
Whatever the relationship between D and the V, that, in the circumstances prevailing at the time, D's conduct was sexual, and was intended as such, and that this conduct could objectively and reasonably be construed to be sexual.
correct
incorrect
*
not completed
In a case of assault by penetration, D does not even need to know that their conduct is "sexual." True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of sexual assault?
D's touching the V's vulva, bottom, or breasts.
correct
incorrect
Sexual touching, by D, of an area covered by underwear.
correct
incorrect
D's touching the V's intimate area, breasts, or neck.
correct
incorrect
Sexual touching, by D, without consent.
correct
incorrect
*
not completed
What is the
mens rea
of sexual assault?
Intentional touching of the vulva and lack of reasonable belief in consent.
correct
incorrect
Intentional touching of the intimate areas, neck, or feet.
correct
incorrect
Intentional touching and lack of reasonable belief in consent.
correct
incorrect
Intentional touching of the private areas, hair or clothing.
correct
incorrect
*
not completed
Touching through clothes cannot amount to sexual assault.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Which of these acts is not covered by the offence of sexual assault?
Touching the back of someone's skirt or trousers.
correct
incorrect
Kissing someone.
correct
incorrect
Telling someone to take off their clothes.
correct
incorrect
Ejaculating over someone.
correct
incorrect
*
not completed
Touching someone's feet or neck can be sexual assault.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
What is the
actus reus
of causing a person to engage in sexual activity without their consent?
Telling someone to expose their intimate areas in public.
correct
incorrect
Filming somebody when they are in a toilet or having sex.
correct
incorrect
Making someone do something sexual, without consent.
correct
incorrect
Asking somebody to masturbate in front of a third party.
correct
incorrect
*
not completed
What is the
mens rea
of causing a person to engage in sexual activity without their consent?
Intending to cause someone to engage in non-consensual sexual activity, and lack of reasonable belief in consent.
correct
incorrect
Intending to cause someone to expose their private parts in a belief that they are in a private place, when in fact they are not.
correct
incorrect
Intending to cause someone to engage in masturbation in front of a third party, video camera, webcam, or window.
correct
incorrect
Intending to cause someone to engage with a sexual situation, without telling them that it is sexual in advance of the event.
correct
incorrect
*
not completed
Asking someone to masturbate themselves can fulfil the offence of causing a person to engage in sexual activity without their consent. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
A woman getting a man to penetrate her without his consent will fall within the scope of causing a person to engage in sexual activity without their consent. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Which of these acts is not covered by the offence of causing a person to engage in sexual activity without their consent?
Threatening someone so they remove clothes over a webcam.
correct
incorrect
Threatening someone to masturbate themselves in the room.
correct
incorrect
Threatening someone to take intimate photos of themselves.
correct
incorrect
Threatening someone to masturbate themselves next week.
correct
incorrect
*
not completed
What is the
actus reus
of statutory rape?
Penetration, with a penis, of the vagina or anus of a person aged under 13.
correct
incorrect
Penetration, with a penis, of the vagina, anus, or mouth of a person aged under 13.
correct
incorrect
Penetration, with a penis, of the vagina of a person aged under 13.
correct
incorrect
Penetration, with a penis or finger(s), of the vagina of a person aged under 13.
correct
incorrect
*
not completed
What is the
mens rea
of statutory rape?
Intentional penetration.
correct
incorrect
Intentional sexual conduct of a kind which could lead to D's erect penis entering V.
correct
incorrect
Intentional sexual touching.
correct
incorrect
Intentional penetration and lack of reasonable belief in consent.
correct
incorrect
*
not completed
What is the definition of assault of a child under 13 by penetration?
Reckless sexual penetration of the vagina or anus or mouth of a person aged under 13, without consent.
correct
incorrect
Intentional sexual penetration of a person aged under 13, which is directed towards a male V.
correct
incorrect
Reckless sexual penetration, with a part of D's body, or by D with any other thing, of the vagina or anus or mouth of a person aged under 13, without consent.
correct
incorrect
Intentional sexual penetration, with a part of D's body, or by D with any other thing, of the vagina or anus of a person aged under 13.
correct
incorrect
*
not completed
What is the definition of sexual assault of a child aged under 13?
Intentional sexual touching of the V's vulva, bottom, or breasts of a person aged under 13.
correct
incorrect
Intentional sexual touching, by D, of a person aged under 13.
correct
incorrect
Reckless sexual touching, by D, of an area usually covered by underwear, of a person aged under 13.
correct
incorrect
Recklessly touching the intimate area or breasts of a person aged under 13.
correct
incorrect
*
not completed
What is the definition of causing or inciting a person aged under 13 to engage in sexual activity?
Recklessly making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual.
correct
incorrect
Asking someone aged under 13 to expose their intimate areas in public.
correct
incorrect
Intentionally making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual.
correct
incorrect
Asking somebody aged under 13 to masturbate in front of a third party.
correct
incorrect
*
not completed
Sexual offences where V is under 13 are strict liability - but where V is aged 13-15, D is only liable if they did not reasonably believe V was aged 16 or over.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
With sexual offences where V is aged 13-15, offences are categorised differently depending upon the age of D.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Arranging or facilitating the commission of a child sex offence, and meeting a child following sexual grooming are both specific offences in the Sexual Offences Act 2003.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Sending a person under 16 an explicit sexual image is an offence.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Two consenting adults intentionally engaging in sexual activity, for the purposes of gratification, in the presence of a child is an offence.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
There is a high degree of overlap in the child sex offences.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Sexual contact with someone aged 16 or 17 could, in certain circumstances, constitute a sexual offence. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
If D is in a position of trust with someone aged 16 or 17, with whom they are also in a sexual relationship, they may have a defence.
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
If D is aged over 18, it could be a sexual offence for them to have sexual intercourse with V (an adult relative aged over 16).
True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
If D is aged over 16, it could be a sexual offence for them to consent to being sexually penetrated by V (an adult relative aged over 16). True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
Regardless of an adult V's age, if they have a mental disorder impeding choice, then sexual contact with them could constitute a sexual offence.
True
correct
incorrect
False
correct
incorrect
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