Question 1

Edgar penetrates Yvonne's vagina with his fingers and without her consent. Which of the following offences is the most appropriate to charge Edgar with?&#10;A) Rape&#10;B) Sexual assault&#10;C) Assault by penetration&#10;D) Causing another to engage in sexual activity without consent

Accepted Answer

Assault by penetration is the most appropriate charge as it involves penetration of the vagina with a part of the body without consent.

Question 2

Daniel forces Helen to perform oral sex on his without her consent. Which of the following offences is the most appropriate to charge Daniel with?&#10;A) Rape&#10;B) Assault by penetration&#10;C) Sexual assault&#10;D) Causing another to engage in sexual activity without consent

Accepted Answer

Rape is the most appropriate charge because it involves non-consensual sexual intercourse, which includes oral sex.

Question 3

Jed has sexual intercourse with Victoria after kidnapping her. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?&#10;A) s.76(2)(a) in order to establish conclusive presumptions about consent&#10;B) s.75(2)(c) in order to establish conclusive presumptions about consent&#10;C) s.75(2)(d) in order to establish evidential presumptions about consent&#10;D) s.75(2)(c) in order to establish evidential presumptions about consent

Accepted Answer

Section 75(2)(c) of the Sexual Offences Act 2003 provides for evidential presumptions about consent in situations where the complainant was unlawfully detained, which applies in the case of kidnapping.

Question 4

Sebastian has anal intercourse with Hans while he is asleep. Which ONE of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?&#10;A) s.75(2)(d) in order to establish evidential presumptions about consent&#10;B) s.75(2)(e) in order to establish evidential presumptions about consent&#10;C) s.75(2)(b) in order to establish evidential presumptions about consent&#10;D) s.76(2)(b) in order to establish evidential presumptions about consent

Accepted Answer

Section 75(2)(d) of the Sexual Offences Act 2003 deals with situations where the complainant was asleep or otherwise unconscious at the time of the relevant act, establishing evidential presumptions about the lack of consent.

Question 5

Stella has sexual intercourse with Stanley after he persuades her that he is a famous pop star. Which of the following sections of the Sexual Offences Act 2003 might the prosecution rely upon and why?&#10;A) s.76(2)(b) in order to establish evidential presumptions about consent&#10;B) The definition of consent under s.74&#10;C) s.76(2)(b) in order to establish conclusive presumptions about consent&#10;D) s.76(2)(a) in order to establish conclusive presumptions about consent

Accepted Answer

The definition of consent under s.74 is relevant because it sets out the circumstances in which a person is deemed to have consented to sexual activity. In this case, the prosecution would need to prove that Stella did not consent to sexual activity with Stanley, and the definition of consent would be relevant to this issue.

Question 6

Which of the following cases is the leading authority on submission and consent?&#10;A) Linekar (1995)&#10;B) Larter (1995)&#10;C) Olugboja (1982)&#10;D) Flattery (1877)

Accepted Answer

Olugboja (1982) is the leading authority on submission and consent, as it addresses the distinction between genuine consent and mere submission in the context of sexual offenses.

Question 7

Which of the following cases is the leading authority on the meaning of &#34;sexual&#34;?&#10;A) Thomas (1995)&#10;B) Tabassum (2000)&#10;C) B (2006)&#10;D) H (2005)

Accepted Answer

The answer of Which of the following cases is the...

Question 8

Consent is relevant to which elements of a sexual offence?&#10;A) Both the actus reus and the mens rea&#10;B) Just the actus reus&#10;C) Just the mens rea&#10;D) Neither the actus reus nor the mens rea

Accepted Answer

Consent is relevant to both the actus reus (the physical act of the offence) and the mens rea (the mental state of the offender) in sexual offences. Lack of consent is part of the actus reus, and the offender's awareness or recklessness regarding the lack of consent pertains to the mens rea.

Deck 8: Sexual Offences