5. Sexual Offences

2016 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Sexual Offences ◽  
Reasonable Belief ◽  
Questions And Answers ◽  
Sexual Offences Act 2003 ◽  
Definition Of

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, and author commentary. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss. 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.

5. Sexual Offences

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Study Skills ◽  
Sexual Offences ◽  
Reasonable Belief ◽  
Questions And Answers ◽  
Sexual Offences Act 2003 ◽  
Definition Of

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss. 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.

5. Sexual Offences

2020 ◽  
pp. 80-96
Author(s):  
Mischa Allen
Keyword(s):  
Study Skills ◽  
Sexual Offences ◽  
Reasonable Belief ◽  
Questions And Answers ◽  
Sexual Offences Act 2003 ◽  
Definition Of

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape, as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.

scholarly journals Alcohol-Related Rape Cases: Barristers' Perspectives on the Sexual Offences Act 2003 and its Impact on Practice

2010 ◽  
Vol 74 (6) ◽  
pp. 579-600 ◽  
Author(s):  
Clare Gunby ◽  
Anna Carline ◽  
Caryl Beynon
Keyword(s):  
Qualitative Study ◽  
Alcohol Intoxication ◽  
Sexual Offences ◽  
The Law ◽  
Sexual Offences Act 2003 ◽  
Definition Of

This article discusses the findings of a qualitative study which interviewed 14 barristers about the law-in-action reality of rape cases involving alcohol intoxication. The study aimed to identify how a number of provisions introduced by the Sexual Offences Act 2003 were perceived by barristers, worked in practice and their overall impact in terms of improving the law of rape and specifically, alcohol-involved rape. The article focuses on barristers' opinions relating to the definition of consent as contained in s. 74; the ‘consent presumptions’, with specific emphasis on s. 75(2)(f); the jurors' perceived response to jury directions and definitions; and barristers' opinions on the need for future reforms in this area. It is argued that certain provisions introduced by the 2003 Act are not always utilised in a way that was intended, have been interpreted and applied narrowly and, in a number of instances, fail to assist the jury.

scholarly journals Greer’s ‘Bad Sex’ and the Future of Consent

2019 ◽  
Vol 24 (3) ◽  
pp. 903-921
Author(s):  
Victoria Brooks
Keyword(s):  
Law Reform ◽  
Third Wave ◽  
Feminist Scholarship ◽  
Sexual Offences ◽  
Transformative Power ◽  
Naomi Wolf ◽  
Sexual Offences Act 2003 ◽  
Definition Of ◽  
Second Wave ◽  
Radical Intervention

AbstractGermaine Greer’s polemic ‘On Rape’ has proved controversial and has served to further divide feminist opinion on the way to move forward from #MeToo in consent reform. Greer’s work, along with other second wave feminists, has been rejected by third wave feminist scholarship for simultaneously minimising the harm caused to victims of sexual violence and claiming that rape is not ‘catastrophic’, with Naomi Wolf being Greer’s most vocal and powerful opponent. Yet, I claim that in maintaining this position in opposition to Greer we are missing the real transformative power of Greer’s revival of second-wave arguments in relation to reforming our laws on consent post #MeToo. The consent framework and the definition of consent under the Sexual Offences Act 2003 has been readily criticised for its vague definition of ‘freedom’ and ‘capacity’ in that such a definition misses the subtler, yet powerful, ways in which victims are coerced and abused—those which are most insidious, since they are embedded within the fabric of our society, and within the ‘tissue’ of heterosex. Greer’s position that rape is ‘bad sex’ may well hold some truth—since bad sex for women has long been accepted as part of life albeit reduced to sufferance and duty. Inevitably, this leads us to the conclusion that there are many more instances of rape than we thought, and many more women suffering, than we thought. This article examines this position and argues for urgent research on women’s sexuality, and radical intervention in the law and academia, in the quest for consent law reform.

9. Non-fatal violations of the person

2019 ◽  
pp. 315-378
Author(s):  
Jeremy Horder
Keyword(s):  
Recent Past ◽  
Basic Definition ◽  
Physical Force ◽  
Sexual Offences ◽  
The Law ◽  
Sexual Interference ◽  
Sexual Offences Act 2003 ◽  
Definition Of ◽  
Law Commission ◽  
Successes And Failures

This chapter discusses two main forms of physical violation: the use of physical force, and sexual interference. The first part covers non-fatal physical offences (offences against the person), including the contested question of the limits of consent, and possible reforms of the law. There have been numerous recommendations for reform of this area of the law, including Law Commission proposals in the recent past. The second part is devoted to the law of sexual offences under the Sexual Offences Act 2003, focusing on the main offences and the definition of consent. It concludes with a review of the law’s successes and failures. Arguably, whilst the law’s basic definition of rape is much improved, the 2003 Act falls down in relation to many other problems that it was meant to solve.

Should Mistaken Consent Still Be Consent? In Defence of an Incremental Understanding of Consent in the Sexual Offences Act 2003

2021 ◽  
pp. 002201832199823
Author(s):  
Isabella Glendinning
Keyword(s):  
Recent Case ◽  
Potential Solution ◽  
Sexual Offences ◽  
Sexual Autonomy ◽  
Sexual Offences Act 2003 ◽  
Definition Of ◽  
The Way

The article considers the recent case of R v Lawrance [2020] EWCA Crim 971 and the way in which the courts are deciding to interpret the concept of freedom under s. 74 of the Sexual Offences Act 2003. It is argued that the case shines a light upon the lacuna present in the Act with regards to deception and consent, identified by academics when the Act was promulgated. It is suggested that the definition of consent lacks clarity as courts have struggled in its application. The resulting ‘so closely connected’ test developed in the cases of R (on the application of Monica) v DPP [2018] EWHC 3508 (Admin); [2019] QB 1019 and R v Lawrance [2020] EWCA Crim 971 is not an adequate solution to the problem of deception and consent and potentially muddies the waters further. The article offers a potential solution that might better uphold the ambition of protecting sexual autonomy while adhering to the concept of fair-labelling.

scholarly journals When Misconduct in Public Office is Really a Sexual Offence

2017 ◽  
Vol 81 (4) ◽  
pp. 292-302
Author(s):  
Catarina Sjölin ◽  
Helen Edwards
Keyword(s):  
Policy Development ◽  
Sexual Offending ◽  
Common Law ◽  
Sexual Misconduct ◽  
Sexual Offence ◽  
Sexual Offences ◽  
Public Office ◽  
Varied Range ◽  
The Common ◽  
Sexual Offences Act 2003

Misconduct in Public Office (MiPO) covers a wide and varied range of conduct. Beyond the defendant’s public office, there is no unifying conduct or result. A conviction for MiPO could represent putting pressure on a council official to move the route of a proposed road, or a police officer abusing his/her position for sexual gain. Sexual misconduct prosecuted as MiPO falls outside the usual regime for prosecuting and sentencing sexual offences, both obscuring the conduct by the label of MiPO and avoiding sexual offence specific consequences. To examine what kind of sexual offending MiPO has been covering, we analysed newspaper reports and appellate decisions since 2002. This enabled us to identify the conduct MiPO was being used to cover at charge, plea and conviction (or acquittal) stages. We found a significant amount of sexual misconduct being prosecuted as MiPO. We then analysed the sexual conduct to determine the “wrongs” involved, identifying particular categories. This enabled us to propose a new sexual offence (based on the Sexual Offences Act 2003 offences that are not founded on lack of consent), which marks the sexual wrong and enables a focus on the defendant’s abuse of position rather than the victim’s vulnerability. This article outlines the basis for our proposal to the Law Commission for reform of the common law offence of MiPO (as our second response to their consultations). Currently at the stage of Policy Development, the Commission aims to publish its report later this year.

Causing or inciting sexual activity with persons who have a mental disorder

2021 ◽  
Vol 30 (21) ◽  
pp. 1258-1259
Author(s):  
Richard Griffith
Keyword(s):  
Mental Disorder ◽  
Sexual Activity ◽  
Health Law ◽  
Sexual Offences ◽  
Senior Lecturer ◽  
Care Workers ◽  
Appeal Decision ◽  
Sexual Offences Act 2003 ◽  
Court Of Appeal

Richard Griffith, Senior Lecturer in Health Law at Swansea University, discusses the implications of a Court of Appeal decision that considers the scope of the Sexual Offences Act 2003, section 39, in relation to care workers

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