Chapter 8 Self-test questions

What is the actus reus of rape?

Penetration of the vagina, anus, or mouth, with a penis, without consent.

Penetration of the vagina or anus with a penis, without consent.

Penetration of the vagina with a penis, without consent.

Penetration of the vagina with the penis or finger(s), without consent.

What is the mens rea of rape?

Intentional vaginal penetration.

Intentional sexual conduct of a kind which could lead to D's erect penis entering V.

Intentional vaginal, anal, or oral penetration.

Intentional penetration and lack of reasonable belief in consent.

What are the "irrebuttable" conclusive presumptions of non-consent?

Deception as to the nature of sexual intercourse.

Deception as to the nature or purpose of the act, or as to the identity of D.

Deception as to D's age and marital status.

Deception as to D's intentions as to any later relationship, or whether one exists.

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.

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.

Use of violence; Fear of violence; Sleep or lack of consciousness; Unlawful detention; Physical disability preventing communication; Spiking, lacing or doping.

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.

What is the general definition of consent?

V agrees by choice, and has the freedom and capacity to make that choice.

V agrees because he or she really wants to partake in matters.

V agrees by informed choice, and this informed choice is supported by some evidence.

V agrees by choice, and there are no extraneous factors that could lead to that later being questioned.

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.

Sexual penetration of the mouth, with a penis, without consent.

Sexual penetration of the vagina, anus or mouth with a part of D's body, or by D with any other thing, without consent.

Sexual penetration which is directed towards a male V.

What is the mens rea of assault by penetration?

Intentional vaginal penetration with something other than a penis.

Intentional penetration and lack of reasonable belief in consent.

Intentional vaginal, anal, or oral penetration without consent.

Intentional sexual conduct of an intimate nature.

In a case of assault by penetration, the Prosecution must prove that the penetration was sexual. True or false?

True

False

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.

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.

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.

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.

In a case of assault by penetration, D does not even need to know that their conduct is "sexual." True or false?

True

False

What is the actus reus of sexual assault?

D's touching the V's vulva, bottom, or breasts.

Sexual touching, by D, of an area covered by underwear.

D's touching the V's intimate area, breasts, or neck.

Sexual touching, by D, without consent.

What is the mens rea of sexual assault?

Intentional touching of the vulva and lack of reasonable belief in consent.

Intentional touching of the intimate areas, neck, or feet.

Intentional touching and lack of reasonable belief in consent.

Intentional touching of the private areas, hair or clothing.

Touching through clothes cannot amount to sexual assault.
True or false?

True

False

Which of these acts is not covered by the offence of sexual assault?

Touching the back of someone's skirt or trousers.

Kissing someone.

Telling someone to take off their clothes.

Ejaculating over someone.

Touching someone's feet or neck can be sexual assault.
True or false?

True

False

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.

Filming somebody when they are in a toilet or having sex.

Making someone do something sexual, without consent.

Asking somebody to masturbate in front of a third party.

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.

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.

Intending to cause someone to engage in masturbation in front of a third party, video camera, webcam, or window.

Intending to cause someone to engage with a sexual situation, without telling them that it is sexual in advance of the event.

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

False

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

False

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.

Threatening someone to masturbate themselves in the room.

Threatening someone to take intimate photos of themselves.

Threatening someone to masturbate themselves next week.

What is the actus reus of statutory rape?

Penetration, with a penis, of the vagina or anus of a person aged under 13.

Penetration, with a penis, of the vagina, anus, or mouth of a person aged under 13.

Penetration, with a penis, of the vagina of a person aged under 13.

Penetration, with a penis or finger(s), of the vagina of a person aged under 13.

What is the mens rea of statutory rape?

Intentional penetration.

Intentional sexual conduct of a kind which could lead to D's erect penis entering V.

Intentional sexual touching.

Intentional penetration and lack of reasonable belief in consent.

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.

Intentional sexual penetration of a person aged under 13, which is directed towards a male V.

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.

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.

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.

Intentional sexual touching, by D, of a person aged under 13.

Reckless sexual touching, by D, of an area usually covered by underwear, of a person aged under 13.

Recklessly touching the intimate area or breasts of a person aged under 13.

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.

Asking someone aged under 13 to expose their intimate areas in public.

Intentionally making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual.

Asking somebody aged under 13 to masturbate in front of a third party.

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

False

With sexual offences where V is aged 13-15, offences are categorised differently depending upon the age of D.
True or false?

True

False

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

False

Sending a person under 16 an explicit sexual image is an offence.
True or false?

True

False

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

False

There is a high degree of overlap in the child sex offences.
True or false?

True

False

Sexual contact with someone aged 16 or 17 could, in certain circumstances, constitute a sexual offence. True or false?

True

False

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

False

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

False

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

False

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

False

Select a Topic