Sexual Offences Act 2003
With the introduction of the Sexual offences Act 2003, the legislation regarding sexual offences has very recently undergone a significant overhaul. The Act became operative on May 1st, 2004.
The old law, which was described as "archaic, incoherent, and discriminatory" and which failed to reflect "changes in society and social attitudes," (David Blunkett, Home Secretary, in the Foreword to the 2002 White Paper, Protecting the Public). Therefore, modernising the legislation, establishing a clear and consistent legal framework, and making offences gender-neutral were the primary drivers behind the amendments. By safeguarding complainants and encouraging more assaults to be recorded, the amendments also aimed to assuage public worries about the low conviction rates for rape while still guaranteeing defendants' justice.
The Act adds a number of new offences, redefines and expands existing ones, and repeals practically all of the previous legislation pertaining to sexual offences. It also puts a large portion of common law on a statutory basis. The four primary sexual offences listed in the Sexual Offences Act 2003 will be covered in this lecture: rape (Section 1), assault by penetration (Section 2), sexual assault (Section 3), and causing sexual activity without consent (Section 4).
Learning Objectives
By the end of this lecture you should be able to:
define and apply the actus reus and mens rea of the following offences:
a) Rape;
b) Assault by penetration;
c) Sexual assault;
d) Causing a person to engage in sexual activity without consent;
define and apply the defence of consent in relation to the above offences.
Key Case and Provisions
Rape
Section 1 of the Sexual offences act 2003.
Actus Reus
R v Ismail [2005] EWCA Crim 397
R v Cooper and Schaub [1994] Crim LR 531
Consent under Section 74
R v Olugboja [1981] 3 All ER 443
R v Jheeta [2007] EWCA Crim 1699
Assange v Sweden [2011] EWHC 2849
Capacity to make a choice
R v Bree[2007] 2 All ER 676
Evidential presumptions under Section 75
Section 75 of the Sexual offences act 2003
Conclusive presumptions under Section 76
R v Williams [1922] All ER 433
R v Elbekkay [1995] Crim LR 163
The position before the Sexual Offences Act 2003
DPP v Morgan [1975] 2 All ER 347
R v Coomber [2005] EWCA Crim 1113
Assault by Penetration
Section 2 of the Sexual Offences Act 2003
R v Court[1988] 2 All ER 221
Section 75 and Section 76 of the Sexual Offences act 2003
Sexual Assault
Actus Reus
R v H[2005] EWCA Crim 732
Section 78 of the Sexual Offences Act 2003
Mens Rea
Section 75 and Section 76 of the Sexual Offences Act 2003
Section 3 of the Sexual Offences Act 2003
Causing sexual activity without consent
Section 4 of the Sexual Offences Act 2003
With the introduction of the Sexual offences Act 2003, the legislation regarding sexual offences has very recently undergone a significant overhaul. The Act became operative on May 1st, 2004.
The old law, which was described as "archaic, incoherent, and discriminatory" and which failed to reflect "changes in society and social attitudes," (David Blunkett, Home Secretary, in the Foreword to the 2002 White Paper, Protecting the Public). Therefore, modernising the legislation, establishing a clear and consistent legal framework, and making offences gender-neutral were the primary drivers behind the amendments. By safeguarding complainants and encouraging more assaults to be recorded, the amendments also aimed to assuage public worries about the low conviction rates for rape while still guaranteeing defendants' justice.
The Act adds a number of new offences, redefines and expands existing ones, and repeals practically all of the previous legislation pertaining to sexual offences. It also puts a large portion of common law on a statutory basis. The four primary sexual offences listed in the Sexual Offences Act 2003 will be covered in this lecture: rape (Section 1), assault by penetration (Section 2), sexual assault (Section 3), and causing sexual activity without consent (Section 4).
Learning Objectives
By the end of this lecture you should be able to:
define and apply the actus reus and mens rea of the following offences:
a) Rape;
b) Assault by penetration;
c) Sexual assault;
d) Causing a person to engage in sexual activity without consent;
define and apply the defence of consent in relation to the above offences.
Key Case and Provisions
Rape
Section 1 of the Sexual offences act 2003.
Actus Reus
R v Ismail [2005] EWCA Crim 397
R v Cooper and Schaub [1994] Crim LR 531
Consent under Section 74
R v Olugboja [1981] 3 All ER 443
R v Jheeta [2007] EWCA Crim 1699
Assange v Sweden [2011] EWHC 2849
Capacity to make a choice
R v Bree[2007] 2 All ER 676
Evidential presumptions under Section 75
Section 75 of the Sexual offences act 2003
Conclusive presumptions under Section 76
R v Williams [1922] All ER 433
R v Elbekkay [1995] Crim LR 163
The position before the Sexual Offences Act 2003
DPP v Morgan [1975] 2 All ER 347
R v Coomber [2005] EWCA Crim 1113
Assault by Penetration
Section 2 of the Sexual Offences Act 2003
R v Court[1988] 2 All ER 221
Section 75 and Section 76 of the Sexual Offences act 2003
Sexual Assault
Actus Reus
R v H[2005] EWCA Crim 732
Section 78 of the Sexual Offences Act 2003
Mens Rea
Section 75 and Section 76 of the Sexual Offences Act 2003
Section 3 of the Sexual Offences Act 2003
Causing sexual activity without consent
Section 4 of the Sexual Offences Act 2003
With the introduction of the Sexual offences Act 2003, the legislation regarding sexual offences has very recently undergone a significant overhaul. The Act became operative on May 1st, 2004.
The old law, which was described as "archaic, incoherent, and discriminatory" and which failed to reflect "changes in society and social attitudes," (David Blunkett, Home Secretary, in the Foreword to the 2002 White Paper, Protecting the Public). Therefore, modernising the legislation, establishing a clear and consistent legal framework, and making offences gender-neutral were the primary drivers behind the amendments. By safeguarding complainants and encouraging more assaults to be recorded, the amendments also aimed to assuage public worries about the low conviction rates for rape while still guaranteeing defendants' justice.
The Act adds a number of new offences, redefines and expands existing ones, and repeals practically all of the previous legislation pertaining to sexual offences. It also puts a large portion of common law on a statutory basis. The four primary sexual offences listed in the Sexual Offences Act 2003 will be covered in this lecture: rape (Section 1), assault by penetration (Section 2), sexual assault (Section 3), and causing sexual activity without consent (Section 4).
Learning Objectives
By the end of this lecture you should be able to:
define and apply the actus reus and mens rea of the following offences:
a) Rape;
b) Assault by penetration;
c) Sexual assault;
d) Causing a person to engage in sexual activity without consent;
define and apply the defence of consent in relation to the above offences.
Key Case and Provisions
Rape
Section 1 of the Sexual offences act 2003.
Actus Reus
R v Ismail [2005] EWCA Crim 397
R v Cooper and Schaub [1994] Crim LR 531
Consent under Section 74
R v Olugboja [1981] 3 All ER 443
R v Jheeta [2007] EWCA Crim 1699
Assange v Sweden [2011] EWHC 2849
Capacity to make a choice
R v Bree[2007] 2 All ER 676
Evidential presumptions under Section 75
Section 75 of the Sexual offences act 2003
Conclusive presumptions under Section 76
R v Williams [1922] All ER 433
R v Elbekkay [1995] Crim LR 163
The position before the Sexual Offences Act 2003
DPP v Morgan [1975] 2 All ER 347
R v Coomber [2005] EWCA Crim 1113
Assault by Penetration
Section 2 of the Sexual Offences Act 2003
R v Court[1988] 2 All ER 221
Section 75 and Section 76 of the Sexual Offences act 2003
Sexual Assault
Actus Reus
R v H[2005] EWCA Crim 732
Section 78 of the Sexual Offences Act 2003
Mens Rea
Section 75 and Section 76 of the Sexual Offences Act 2003
Section 3 of the Sexual Offences Act 2003
Causing sexual activity without consent
Section 4 of the Sexual Offences Act 2003