11. Sexual offences

2021 ◽  
pp. 468-517
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Criminal Law ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two of ‘The law in context’ features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

11. Sexual offences

Criminal Law ◽  
2019 ◽  
pp. 459-504
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Rape Myths ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law ◽  
Context Features

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences. The chapter situates the offence of rape in particular in the context of broader discussions about consent and trial by jury. Two Law in Context features examine the prevalence of ‘rape myths’ that may affect how jurors decide whether a man has committed rape and the procedural issues that affect the success of rape prosecutions.

11. Sexual offences

Criminal Law ◽  
2017 ◽  
Author(s):  
Michael J. Allen ◽  
Ian Edwards
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
Sex Offences ◽  
The Law

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the main sexual offences including rape, assault by penetration, sexual assault, causing a person to engage in sexual activity without consent, offences against children, familial sex offences, offences against persons with a mental disorder, and preparatory offences.

7. Sexual Offences

2018 ◽  
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Actus Reus ◽  
The Law ◽  
Perpetrators And Victims

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

17. Sexual offences

2021 ◽  
pp. 786-860
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

7. Sexual Offences

Criminal Law ◽  
2020 ◽  
pp. 419-512
Author(s):  
Jonathan Herring
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Mens Rea ◽  
Sexual Offences ◽  
Sexual Crimes ◽  
Actus Reus ◽  
The Law ◽  
Perpetrators And Victims

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

17. Sexual offences

2018 ◽  
Author(s):  
David Ormerod ◽  
Karl Laird
Keyword(s):  
Sexual Assault ◽  
Mental Disorder ◽  
Sexual Activity ◽  
Sexual Offences ◽  
England And Wales ◽  
The Law ◽  
Sexual Offences Act 2003

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault, and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below thirteen years of age, sexual offences against children aged thirteen to sixteen, causing a child to watch a sexual act, arranging or facilitating commission of a child sex offence, and meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography, and taking indecent photographs of children.

scholarly journals On Sexual Consent in Canada

2020 ◽  
Vol 10 (2) ◽  
Author(s):  
Bryan Birtles
Keyword(s):  
Sexual Assault ◽  
Sexual Activity ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Sexual Consent ◽  
Sexual Autonomy ◽  
Expressive Function ◽  
Important Principle ◽  
The Law

Consent is an extremely important principle within the law—so important it is defined twice within the Criminal Code: first in s. 265, the assault provision which also governs the law of sexual assault, and again in s. 273.1, where the Code provides additional definition specifically within the context of sexual assault. The limits of consent have been further defined through case law, especially in R v Ewanchuk. Canadians would be surprised to discover that Ewanchuk determined it is illegal to initiate sexual activity via sexual touching, or to kiss a sleeping spouse. To keep people safe from inappropriate sexual touching, we have outlawed activities most intimate partners would not object to: this creates a dilemma about when protection exceeds its necessity and becomes inappropriate control of sexual autonomy. It is this dilemma this article addresses. Ultimately, this article argues that Canada’s sexual assault laws must change for two reasons: first, by criminalizing behaviour that is not morally wrong, the criminal law is overbroad and doesn’t fulfil its expressive function, and; while enacted with the noble goal of protecting the sexual autonomy of women, our consent laws serve to restrict the sexual autonomy of women in ways that are objectionable.

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

scholarly journals Ched Evans, rape myths and Medusa's gaze: a story of mirrors and windows

2018 ◽  
Vol 14 (3) ◽  
pp. 454-468
Author(s):  
David Gurnham
Keyword(s):  
Criminal Justice ◽  
Sexual Assault ◽  
Sexual Activity ◽  
Rape Myths ◽  
Social World ◽  
Male Gaze ◽  
Visual Metaphor ◽  
Critical Scholarship ◽  
Alternative Approach ◽  
Court Of Appeal

AbstractThis paper analyses the visualisation of rape and sexual assault in legal and scholarly language. It begins with a critique of the Court of Appeal ruling inR v. Evans (Chedwyn)and its forensic examination of the details of a female rape complainant's consensual sexual activity with other men. The case is analysed in light of a visual metaphor used by Ellison and Munro to describe the removal of popular misconceptions about rape. The paper contextualises that discussion with reference to the idea of the male gaze and its affirmation of a phallocentric cultural and social world in which the objectification of female difference is entrenched. The paper finally challenges that assessment, however, sketching an alternative approach to visual-critical scholarship that embraces interdisciplinarity and a literary sensibility to break (or at least to loosen) the association between the prurient eye of the male voyeur and the criminal justice gaze.

scholarly journals TALKING ABOUT RAPE – AND WHY IT MATTERS: Adjudicating rape in the Western Cape High Court

2016 ◽  
Author(s):  
Stacy Moreland
Keyword(s):  
Criminal Law ◽  
Institutional Factors ◽  
Western Cape ◽  
Sexual Offences ◽  
High Court ◽  
The Law ◽  
The Relationship ◽  
Selection Of ◽  
Do So

This article asks the question: how do judges know what rape is and what it is not? The statutory definition contained in the Criminal Law (Sexual Offences and Related Matters) Amendment Act1 (SORMA) guides courts in adjudicating rape cases, and as such the definition is theirs to interpret and implement. This article analyses a small selection of recent judgements of the Western Cape High Court2 (WCHC) for answers. The article begins by establishing why judgements are an important source for understanding what rape means in society at large; it then discusses the relationship between power, language, and the law. This is followed by specific analyses of cases that show how patriarchy still defines how judges express themselves about rape. It concludes by looking at the institutional factors that discourage judges from adopting new ways of talking about rape, and their constitutional mandate to do so.

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