Chapter 8 Multiple choice questions

. Which of the following statements correctly represents the actus reus of rape?

Penile penetration of the vagina, anus, or mouth of another person without their consent

Penile penetration of the vagina or anus of another person without their consent

Penetration of the vagina, anus, or mouth of another person with any object and without their consent

Penetration of the vagina or anus of another person with any object and without their consent

. Which ONE of the following statements about the mens rea of rape is TRUE?

The prosecution must prove that the defendant knew or was reckless as to whether the complainant was consenting.

The prosecution must prove the defendant's mens rea re: consent by establishing the presumptions under s.75 and s.76, Sexual Offences Act 2003.

The prosecution must prove that the defendant did not reasonably believe the complainant was consenting.

The prosecution must prove that the defendant did not honestly believe the complainant was consenting.

. Which section of the Sexual Offences Act 2003 provides a definition of consent?

s.1

s.74

s.75

s.76

. Darryl has sexual intercourse with Sarah while she is unconscious. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?

s.76(2)(a) in order to establish conclusive presumptions about consent

s.76(2)(b) in order to establish evidential presumptions about consent

s.75(2)(c) in order to establish conclusive presumptions about consent

s.75(2)(d) in order to establish evidential presumptions about consent

. Roshan has sexual intercourse with Patricia after Elizabeth secretly puts an illicit drug into Patricia's drink. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?

s.75(2)(d) in order to establish conclusive presumptions about consent

s.75(2)(e) in order to establish evidential presumptions about consent

s.75(2)(f) in order to establish evidential presumptions about consent

None of the above because Roshan did not administer the drug.

. Josh has sexual intercourse with Mary. Josh met Mary at a nightclub where Mary told him that she had drunk a bottle of wine. In a bid to impress her, Josh told Mary that he was a famous Hollywood actor. Which of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?

s.76(2)(a) in order to establish conclusive presumptions about consent

s.76(2)(b) in order to establish conclusive presumptions about consent

s.75(2)(f) in order to establish evidential presumptions about consent

None of the above

. Brian tells his fiancée, Dolly, that he will call the wedding off unless she has sexual intercourse with him. Dolly gives in and has sex with Brian. Which of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?

s.75(2)(a) in order to establish evidential presumptions about consent

The definition of consent under s.74

s.76(2)(a) in order to establish conclusive presumptions about consent

s.75(2)(c) in order to establish evidential presumptions about consent

. Mark and Gail met at the office Christmas party in 2009. After several dates, Gail invites Mark to spend the night with her. Mark inserts his fingers into Gail's vagina without her consent. Which offences might he be charged with?

Rape or assault by penetration

Assault by penetration or sexual assault

Assault by penetration or indecent assault

Rape or sexual assault

. Which of the following correctly represents the actus reus of assault by penetration?

Sexual penetration of the vagina or anus of the complainant with part of the defendant's body or anything else and without the complainant's consent

Sexual penetration of the vagina, anus or mouth of the complainant with part of the defendant's body or anything else and without the complainant's consent

Sexual penetration of the vagina, anus or mouth of the complainant with part of the defendant's body and without the complainant's consent

Sexual penetration of the vagina or anus of the complainant with part of the defendant's body and without the complainant's consent.

. Milly performs oral sex on James and then forces him to penetrate her vagina. Both acts take place without James' consent. Which offence(s) might Milly be charged with?

Rape and assault by penetration

Assault by penetration and sexual assault

Assault by penetration and causing another to engage in sexual activity

Sexual assault and causing another to engage in sexual activity

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