Self-test questions: Sexual offences

. Which Act of Parliament regulates sexual behaviour, creating offences where necessary in the circumstances?

. Martin forces Sarah to have sexual intercourse with him against her will. Martin knows Sarah does not consent. However, he penetrates her vagina with his penis.

What is the most serious offence which he will most likely be charged with?

. In his defence to rape, Martin will claim that he did not fully penetrate Sarah's vagina, stating that he was only able to insert the tip, and not the full length, of his penis.

Which of the following statements most accurately reflects when the legal requirement for vaginal penetration will have been met?

. Martin now says that he and Sarah were drinking lots of alcohol and having fun. He says Sarah was making innuendoes about the two of them having sexual intercourse. He claims Sarah fully consented to sexual intercourse and in fact, at the time of entry, he formed the view that she was consenting and that he was not committing a sexual offence when he penetrated her.

Which answer best describes if Martin was correct to form this view?

. Sarah admits that she did consent to sexual intercourse with Martin but only because Martin specifically told her he did not have any STIs (sexually transmitted Infections). Having had sexual intercourse, Sarah developed a STI and so this is why she made a complaint to the police.

Which answer most accurately reflects the likely criminal liability of Martin for rape?

. At the gym, Rita asked Billy to bend over and touch his toes, so that she could see how supple he was. Billy bent over and as he did so, Rita quickly put her hand down the back of his shorts and slipped her finger into Billy's anus.

Which sexual offence has Rita most likely committed?

. At court, Rita argues that when she inserted her finger into Billy's anus it was not a 'sexual' touching because she was just having fun and she did not think it was 'sexual'.

Will her argument be successful on this point?

. Suhkninder is lying in the long grass. Amelia walks past him, and as she does so, he reaches out and touches her skirt. She keeps on walking but she felt violated by his touch. She tells her parents, who complain to the police. The police sergeant says they will not arrest Suhkninder because there is no sexual offence as he only touched Amelia's clothing.

Applying the Sexual Offences Act 2003, did the police sergeant make the correct decision?

. Janice asks Kamila if she would like to dance. Kamila agrees, saying 'she would love to'. It is crowded on the dancefloor and so they are dancing close together. Kamila kisses Janice and whispers that she is so happy to be close to Janice. Without Kamila knowing, Janice inserts her fingers into her own vagina and then, at the end of the dance, gives Kamila a hug whilst at the same time wiping her fingers through Kamila's hair.

Considering Kamila agreed to dance and consented to the physical touching, is it true or false that Janice will be guilty of a sexual offence?

. Jason was feeling very sick and so he went to bed to have a rest. During the rest he fell unconscious due to an infection from which he was suffering. In a trance and unaware of his actions, he got up from his bed and then forced his sister, Sally, onto her bed and had sexual intercourse with her.

Which of the following statements most accurately reflects whether Jason will be guilty of rape?

. Sidika is friends with Clifford. Clifford asks her to have sexual intercourse with him. Sidika agrees and they fix a date for the weekend. However, on the Thursday night as Sidika is walking home, Clifford pressurises her to have sex with him. Sidika did not really want to have sex that night but she began to feel a little frightened of Clifford so that's why she acquiesced. Sidika later complains. Clifford is charged with rape but his defence is that Sidika consented.

Which of the following statements most accurately reflects the law in relation to consent and how it applies to Sidika?

. Albert was a film producer and he told Lucy that he would ruin her career and she would never get a part in a film unless she had sex with him and then he would make her a 'star'. Lucy reluctantly agreed. Afterwards, Albert used social media to tell people that Lucy was rubbish at acting. She complained to the police that Albert had committed a sexual offence against her.

Which of the following statements most accurately reflects the law on sexual offences as it applies to Albert?

. Manjot is a keen photographer. One day he catches Timothy shoplifting. Manjot tells Timothy that unless he gives Manjot oral sex, he will report Timothy to the police. Timothy has previous criminal convictions and so would be in serious trouble if the police prosecuted him for the shoplifting. Because of this, Timothy performs oral sex on Manjot.

Which offence is it most likely Manjot has committed?

. Claire and Asha work together. Claire threatens Asha that unless she goes home and takes some photographs of herself naked and sends them to Claire, she will tell the boss that Asha has been stealing. Claire is very stern in her threat to Asha. Asha is frightened and so she does as Claire wishes, takes the photographs alone at home and posts them to Claire. Asha then changes her mind, the Post Office intercept the photographs, and Claire is reported to the police. Her defence is that she was never present at the scene when Asha took the photographs of herself naked, and in any case, she is a girl as well as Asha, so there is no sexual offence.

Which of the following statements most accurately reflects the law on sexual offences as it applies to Claire's defence?

. Damien, an adult, befriends Victoria, a shy and anxious girl. He makes her feel safe and happy, buys her chocolates and gifts, and over a long period of time, in Victoria's mind, he becomes very special. One afternoon in the park, Damien forces Victoria to the ground and she can feel his penis at the edge of her outer vagina (vulva). She says nothing, but he says, 'After all I have done for you at least let me just have sex one time'. Victoria reluctantly consents and Damien inserts his penis into her vagina.

Which of the following statements is most accurate in relation to any sexual offence Damien may have committed?

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