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.

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.

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.

6. Property Offences

2020 ◽  
pp. 97-129
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Important Concept ◽  
Questions And Answers ◽  
The Law ◽  
Definition Of ◽  
Property Offences

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 theft, fraud, and other property offences such as robbery and burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

Concentrate Q&A Criminal Law

2020 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Mens Rea ◽  
Sexual Offences ◽  
Actus Reus ◽  
Questions And Answers ◽  
Study Techniques ◽  
Property Offences

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 includes pitfalls to avoid in the caution sections; and tips for gaining extra marks in questions. Further reading is provided at the end of chapters. Concentrate Questions & Answers Criminal Law offers advice on what to expect in exams and how best to prepare. The book begins by looking at exam and study techniques and then moves on to consider the elements of a crime (including actus reus and mens rea), murder and manslaughter, non-fatal offences, and sexual offences. It then looks at a range of property offences, before exploring the defences in depth. The book concludes with a consideration of secondary participation and inchoate offences, a chapter on mixed questions, and a chapter on how to tackle coursework assessments.

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. Mixed Questions

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Mens Rea ◽  
Sexual Offences ◽  
Vast Number ◽  
Actus Reus ◽  
Questions And Answers

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 mixed topics. The styles adopted for criminal law examination questions can vary enormously. Some examiners will set problem questions that focus largely on one area, others will set mixed questions which cut right across the syllabus. A mixed question requires knowledge of a wide variety of often unrelated topics. There are some classic combinations such as sexual offences and offences against the person or murder/manslaughter, but candidates should be aware that some topics, such as defences and actus reus and mens rea are pervasive. Mixed questions will generally be of two types: (1) where candidates have to cover a vast number of issues briefly; (2) where candidates need to cover some issues briefly, but others in some depth. This chapter presents examples of mixed questions and suggested answers. Some typical areas for combination are presented.

6. Property Offences

2018 ◽  
Author(s):  
Mischa Allen
Keyword(s):  
Criminal Law ◽  
Study Skills ◽  
Important Concept ◽  
Questions And Answers ◽  
The Law ◽  
Definition Of ◽  
Property Offences

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 theft, fraud, and other property offences such as robbery, burglary, along with suggested answers. The law of property is vast, and contained in a number of different pieces of legislation. As this chapter explains, the Fraud Act 2006 was designed to replace many of the discrepancies and inconsistencies in the diverse provisions of the Theft Acts of 1968 and 1978. It pays to be methodical in approaching property problems. Dishonesty is an important concept throughout the property offences. The recent decision in Ivey v Genting Casinos, which has an important effect on the definition of dishonesty in criminal law, is dealt with in detail in this chapter.

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