Chapter 8 Scenario questions - Smith, Hogan, & Ormerod's Essentials of Criminal Law 4e, Student Resources

. After going out for the evening with Nigel, Mia went back to his flat, where they began to kiss, which progressed to an embrace. Mia then put her hand on Nigel's trousers, between his legs. Nigel stopped kissing Mia and moved her hand away, and said "No, not tonight". Mia then unzipped Nigel's trousers and stroked his penis through his underpants. Has Mia done anything wrong?

She has committed sexual assault.

She has committed rape.

She has committed assault by penetration.

She has abused a position of trust.

. Clarice and John, both adults, are in the early stages of a relationship, and have, to date, had consensual sexual intercourse twice. Recently, John and Clarice were cuddling on the settee, when John became aroused, and tried to penetrate Clarice with his erect penis. Without saying anything, Clarice pushed John away from her and moved away from him on the settee. John then leant himself on top of Clarice and proceeded to penetrate her anyway.
Would any criminal liability arise here?

John has committed sexual assault.

John has committed assault by penetration.

John has committed rape.

John is innocent of any offence.

. Christopher is hoping to have sex with his new girlfriend, Alison. Alison agrees to have sex with Christopher if he wears a condom. After they have had sex, Christopher tells Alison that he took off the condom during sex because he wanted to do so.
Has Christopher done anything wrong?

Yes – this could be rape, due to conditional consent.

No – because the act of sex was consented to by Alison.

Yes – this could be rape, because of the risk of pregnancy.

No – because a condom was used initially.

. Eilidh is a 17 year old student at FE College. Her tutor there is Paul, aged 39. During the course of the academic year, Paul and Eilidh begin a sexual relationship.
Would any criminal liability arise here?

Yes – because this is statutory rape.

No – because this is a consensual relationship.

Yes – Paul has potentially committed a sexual offence abusing a position of trust.

No – because both parties are over the age of 16.