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Notes Sexual Offences

The lecture covers the legal definitions and key points of rape according to the Sexual Offences Act 2003, including the elements of consent and the distinction between submission and consent. It discusses notable cases, such as the Kaitamaki case and the Kirk case, to illustrate the complexities surrounding consent and the legal implications of rape. Additionally, it highlights the differences in laws regarding rape in England, Wales, and Malaysia, as well as the issue of marital rape.

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y.danissha
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5 views1 page

Notes Sexual Offences

The lecture covers the legal definitions and key points of rape according to the Sexual Offences Act 2003, including the elements of consent and the distinction between submission and consent. It discusses notable cases, such as the Kaitamaki case and the Kirk case, to illustrate the complexities surrounding consent and the legal implications of rape. Additionally, it highlights the differences in laws regarding rape in England, Wales, and Malaysia, as well as the issue of marital rape.

Uploaded by

y.danissha
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Lecture 1-Sexual Offences I

-current study of rape, comparison between england and wales and malaysia (topic for impact
activity)
-find case of Japanese girl kidnapped for 100 days who was abused by boys and killed (junko
farata)
-singapore case, mother bf abusing daughter with mother’s knowledge
- presumption to consent: conclusive (s76), evidential (s75), no presumption(s74) **** do
research

Lecture Slides 1
●​ Define key points of rape according to sexual offences act 2003
●​ Nitpick the law like what is consent, penetration othee than penis, reasonable consent
●​ Rape defined in 4 elements
●​ Actus reus say men can be raped by the definition, but can women commit rape?
●​ S79 say women cant be guilty on rape even if forced upon a man
●​ Rape must be a continuening act (kaitaaki v the queen) even if didnt ejaculate
●​ Kaitamaki important case, any sign of showing the want to stop, man must stop cuz
consent ceases
●​ Consent can be both AR by absence of consent and MR by no reasonable belief of
consent
●​ Submission and consent difference-consent is given willingly and voluntarily, submission
depends on how you give up control
●​ Kirk case- 14 yr old girl, engaged in sex for money for food, homeless, submit to sex
demonstrate she didn’t choose freely, so no consent
●​ Olugboja case states consent is a range, and submission is now consent
●​ Capacity to consent is 18, can be a grey area in medical law
●​ R v R, marital rape doesn’t exist, R v Barry overruled, women can refuse to have sexual
intercourse with husband
●​ Mens rea for rape, intention to penetrate, cannot be accidental
●​ Reasonable belief for consent, a lot to do with intoxication, misplaced as consent
●​ R v Jheeta cannot apply s76(a) because didnt deceive in nature of identity
●​ S2 penetration not only by penis, mens rea is intention and reasonable belief to consent
●​ S78, penetration must be sexual in nature, even if intentions are non-sexual (meidcal
exams, sports,body search)
●​ S3 governs sexual assault, doesn’t nned to touch the body but even hair or clothes can
satisfy the offence ( R v Bounekhla)
●​

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