Chapter 6 Multiple choice questions

Which of the following statements is FALSE?

Consent is a question of fact for the jury.

The meaning of consent is key because V's lack of consent is an element of the actus reus, and D's belief about V's consent is an element of the mens rea.

Sections 74, 75 and 76 Sexual Offences Act 2003 include a definition and some presumptions concerning this definitional element.

The judge decides whether D's belief that V was consenting was reasonable.

Which of the following is a conclusive presumption in respect of consent?

Where D did the relevant act and V was drunk.

Where D did the relevant act and intentionally deceived V as to the nature or purpose of the act.

Where D did the relevant act and V was asleep.

Where D did the relevant act and did not disclose to V that he was HIV positive.

Which of the following is the definition of consent in s. 74 SOA 2003?

A person consents if he agrees by choice, and has the intelligence to make that choice.

A person consents if he agrees by choice, and is sufficiently sober to make an informed decision.

A person consents if he agrees by choice, and has the freedom and capacity to make that choice.

A person consents if he agrees by choice, and he is of the age to make that choice.

Which of the following statements accurately reflects the decision of the Court of Appeal in Jheeta (2007)?

Lies may be deceptive and persuasive still not go to the nature or purpose of the "act".

The conclusive presumption in s.76(2) (a) of the 2003 Act applies where V is deceived by D's lies.

The conclusive presumption in s.76(2) (a) of the 2003 Act applies where D knows V is consenting only because of his lies.

D's conviction was unsafe.

In terms of D's belief in V's consent, which of the following is true?

The prosecution must prove that D did not reasonably believe V consented.

The prosecution must prove that D did not honestly believe V consented.

The defendant must prove that he reasonably believed V consented.

The defendant must prove that he honestly believed V consented.

Which of the following is the most accurate description of 'sexual' in s. 78?

Section 78 of the SOA 2003 provides that an act is sexual if a reasonable person would consider that 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 its circumstances or the purpose of any person in relation to it (or both) it is sexual.

Section 78 of the SOA 2003 provides that an act is sexual if a reasonable person would consider that whatever its circumstances or any person's purpose in relation to it, it is because of its nature sexual, and 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.

Section 78 of the SOA 2003 provides that an act is sexual if a reasonable person would view it as objectively sexual.

Section 78 of the SOA 2003 provides that an act is sexual if it was D's purpose that it was sexual.

Which of the following is the best description of the offence contrary to s. 1 SOA 2003?

D penetrates with his penis the vagina, anus, or mouth of V and V does not consent.

D intentionally penetrates with his penis the vagina, anus, or mouth of V, V does not consent and D does not believe that V consents.

D has unlawful sexual intercourse with V, V does not consent and D does not reasonably believe that V consents.

D intentionally penetrates with his penis the vagina, anus, or mouth of V, V does not consent and D does not reasonably believe that V consents.

Chapter 6 Multiple choice questions

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