Chapter 9 Multiple choice questions

. During an attack, V is forced to submit to oral sex by D, who places his penis in V's mouth. The offence D has committed is:

Assault by penetration

Sexual assault

Battery

Rape

. Which of the following statements is correct regarding the burden of proof in rape (there may be more than one correct answer):

The prosecution bears the burden of proving lack of consent to penile penetration.

The defence bears the burden of proving consent to penile penetration.

The prosecution bears the burden of proving lack of honest belief in consent.

The defence bears the burden of proving lack of reasonable belief in consent.

. Under S74 SOA 2003, which of the following is NOT included within the definition of consent:

Choice

Agreement

Submission

Capacity

. D has sexual intercourse with V, who is so drunk that she does not know what she is doing. Which of the following represents the law:

V will lack the capacity to consent, and a rebuttable presumption will arise under s75[2][d] SOA 2003.

V will lack the capacity to consent and the issue of agreement by choice under s74 SOA 2003 will arise.

V will not lack the capacity to consent because she was still conscious.

V was willing and should have known better.

. Which of the following circumstances do NOT give rise to a rebuttable presumption of lack of consent under s75 SOA 2003:

Deception as to the nature or purpose of the sexual act.

V was asleep/unconscious.

Fear of violence.

Stupefaction/overpowerment.

. D's burden of proof in order to rebut a s75 presumption in relation to consent is which of the following:

That D must simply deny that V was non-consenting.

That D must establish belief in V's consent beyond all reasonable doubt.

That D must establish on a balance of probabilities that he reasonably believed in consent.

That D must totally destroy the credibility of the victim.

. D is V's singing teacher. V is an innocent young woman. D claims that sexual intercourse will improve her breathing technique, on the basis of which she agrees to sex. Which of the following is correct:

V will have consented by choice under s74 SOA 2003.

V will not have consented due to incapacity.

V's consent will be undermined by D's deception as to his purpose.

V's consent will be undermined by D's deception as to the nature of the act.

. D deceives a non-English speaking V into thinking that she is attending a register office for their wedding, whereas it is simply an administrative appointment. In the belief that she is married, V agrees to sexual intercourse. Which of the following is correct:

V's consent to sexual intercourse was undermined by D's deception because she would not otherwise have agreed to it.

V's consent was not undermined because the deception was as to neither nature, identity nor purpose as required by s76.

V's consent was undermined because it is possible to argue under s76(2)(a) that D deceived her as to his purpose.

V's consent was undermined because D deceived her as to the nature of the act.

. At D's rape trial, he asserted a defence of mistaken belief in consent. Which of the following is correct:

D will succeed if his belief is genuine.

D will succeed if there is evidence that the victim has had several previous sexual partners.

A merely honest belief will deny the MR for rape.

D's belief needs to be both honest and reasonable.

. D has non-consensual sex with V. At his trial for rape, D asserts a reasonable belief in consent. D is a man with severe learning difficulties. Which of the following represents the law:

D's learning difficulties are irrelevant to the question of whether his belief was reasonable.

D's learning difficulties mean that his belief was probably genuine and therefore he lacked MR.

D lacks the capacity to form MR.

D's learning difficulties will be taken into account in determining whether his belief was reasonable in all the circumstances.

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