Sexual offences (6 credit)
Sexual offences (6 credits)
By Jayne Harding LL.B(Hons)LLM DipEd QTLS
Items in this lesson
Sexual offences (6 credits)
By Jayne Harding LL.B(Hons)LLM DipEd QTLS
Learning objectives;
Explain what types of offences can be committed under section 1 Sexual Offences Act 2003.
Explain how the offence of rape is defined under the Sexual Offences Act 2003.
Analyse relevant legal case studies, whilst working in small groups in relation
sexual offences.
Summarise elements of the Sexual Offences Act 2003 in relation to prevention orders and the sex offenders register.
Activity 1 - Read the Sexual Offences Act 2003. Explain what types of sexual offences can be committed?
How is rape defined under the Sexual Offences Act 2003.
How would you define consent under section 75 and 76 of SOA 2003?
https://www.legislation.gov.uk/ukpga/2003/42/section/75
How would you define consent?
How is penetration defined under the SOA 2003?
How is sexual assault defined under the SOA 2003?
Lesson 2 - Sexual offences
Lesson objectives:
Recap of key statute the Sexual Offences Act 2003. This includes section 1 for Rape, section 2 for penetration, section 3 sexual assault and section 4 to engage a person in sexual activity without consent.
Identify the Actus Reus and Mens Rea of rape and sexual assaults.
Analyse the types of sexual offences which have been committed from reading a selection of legal case studies.
Evaluate the problems with the law on sexual assaults by reading legal cases and CPS guidelines for prosecuting.
Sexual Offences Act 2003 - Actus Reus and Mens Rea
Section 1 - Rape.
(1)A person (A) commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b)B does not consent to the penetration, and
(c)A does not reasonably believe that B consents.
(2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
(3)Sections 75 and 76 apply to an offence under this section.
(4)A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.
What problems can you identify with the section 1 of SOA 2003?
Read the legal case study of R v Brown (1993)
Define what offence has been committed under the Act?
R v Brown (1993) What was the issue of consent?
Read the case of R v R (1991). What offences have been committed here?
Read the case of R v Dica (2004). What offence had been committed? What was the issue with consent?
Read the case of R v Konzi (2005) what offence had been committed here?
What are the problems with the law on sexual offences in regards to criminal prosecutions? Read the CPS guidelines and reports. Type your answers here?
Abuse a position of trust - section 16 SOA 2003.
(1)A person aged 18 or over (A) commits an offence if—
(a)he intentionally touches another person (B),
(b)the touching is sexual,
(c)A is in a position of trust in relation to B,
(d)where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(e)either—
(i)B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)B is under 13.
(2)This subsection applies where A—
(a)is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and
(b)is not in such a position of trust by virtue of other circumstances.
Read the case of Lister v Hesley Hall (2002)?
What was the legal outcome? Does this case meet the definition under section 16?
Read the case of Catholic Child Welfare Society v Institute of the Brothers of the Christian Schools.
What was the outcome by the Court?
Explain the conclusive presumptions section 76 SOA (2003) What does the prosecution need to show?
Read the case of R v Jheeta (2007) what was different in this case?
