Deck 7: Sexual Offences

Question 1

Only a man can commit rape.

Answer 1

True
Explanation: Rape requires proof of penile penetration and so only a man can commit rape.

Question 2

Which of the following necessarily amount to the actus reus of rape? [Please select all that apply]

A) penile penetration of the vagina
B) penile penetration of the mouth
C) forced sexual intercourse
D) penile penetration of the anus

Answer 2

A,B,D
Explanation: The actus reus of rape requires proof of penile penetration of the vagina, anus or mouth.

Question 3

Only women can be the victim of rape.

Answer 3

False
Explanation: Men or women can be the victim of rape.

Question 4

Section 74 of the Sexual Offences Act 2003 states that 'a person consents if he ____ by choice, and has the freedom and capacity to make that choice.'

Question 5

In which of the following circumstances, is the defendant conclusively presumed under section 76 to have committed rape?

A) The defendant threatened to kill the victim unless she agreed to have sex.
B) The defendant did not ask the victim whether she wanted to have sex.
C) The defendant intentionally deceived the victim as to the nature or purpose of the penetration.
D) The defendant drugged the victim before engaging in a penetration.

Question 6

Under section 75 Sexual Offences Act 2003 in certain circumstances it can be presumed that the victim did not consent, but this can be rebutted if the defendant adduces sufficient evidence to raise an ___ as to whether the victim consented.

Question 7

What is the main difference between rape and the offence of assault by penetration?

A) Assault by penetration includes penetration of the mouth, while rape does not.
B) Assault by penetration can involve a penetration using anything; rape is restricted to penile penetration.
C) Assault by penetration requires proof that the defendant intended to penetrate, while rape does not.
D) Assault by penetration does not require proof that the victim did not consent, while rape does.

Question 8

Under sections 16-19 of the Sexual Offences Act 2003 a series of offences are created to deal with cases where there is sexual abuse accompanied by an abuse of ___

Question 9

In the Assange case the court had to consider there would be a case of rape if a man refused to wear a ___ when a woman insisted that he had to if she were to agree to sex.

Question 10

Nicola Lacey argues that rape should be seen as a breach of sexual integrity