Sexual offences

• S.75 Evidential (rebuttable)

  • relates to evidence where the victim is vulnerable or disadvantaged, defence can argue presumption
  • court will presume victim did not consent if evidence presented proves circs:
  • S - substance to stupefy
  • L - locked up
  • A - asleep
  • V - violence or fear of
  • E - emmobilised
• S.1 Rape

  V - vagina

  A - anus

  M - mouth

  P - penis

  I - intentionally penetrate

  R - reasonably believes

  (h)E - or she does not consent
• S.76 SOA conclusive (irrebuttable)

  • defence cannot argue presumptions
  • if it is proved that the defendant did the relevant act and that:
  • defendant intentionally deceived the complainant as to the nature or purpose of the relevant act
  • the defendant intentionally induced the complainant to consent to the relevant act by impersonating a person known personally to complainant
  • then assumed victim did not consent
• S.2 Assault by penetration

  • person A commits an offence if he intentionally penetrates the vagina or anus of B with any part of his body or anything else
  • penetration is sexual
  • B does not reasonably consent and A does not reasonably believe that B consents
• S.78 Sexual SOA

  • Penetration, touching or any other activity is sexual if a reasonable person would consider that:
  • it is obviously sexual
  • ambigiously sexual
• S.3 Sexual Assault

  An offence is committed if A intentionally touches another person B if the touching is sexual and B does not consent and A does not reasonably believe that B consents
• S.79 Touching

  • with any part of the body
  • with anything else
  • through anything
• S.4 Causing sexual activity

  Person A commits an offence if he intentionally causes another person (B) to engage in sexual activity and B does not consent and A does not reasonably believe B consents
• S.8 SOA

  causing or inciting a child (U13) to engage in sexual activity
• S.5 Rape of an under 13
• S.6 Assault by penetration U13
• S.7 Sexual Assault U13
• Reasonable belief

  prosecution is able to prove that defendant:

  • either did not hold belief or
  • not reasonable for him to have done so
• S.9 Sexual activity with a child (13-16yrs)

  • person is aged 18+
  • intentionally touches another person
  • touching is sexual
  • victim is U16
  • offender did not reasonably believe victim is 16yrs+
• S.9 Sexual activity with a child (13-16yrs) (penetration)

  • penetration of anus, mouth or vagina with any part of body or anything else
  • penetration of offenders anus or vagina with a part of a victims body
  • penetration of offenders mouth with victims penis and any other touching
• S.10 Causing or inciting a child to engage is SA (13-16)

  • intentionally causes or incites another person to engage in an activity
  • activity is sexual
  • victim is u16 and offender does not reasonably believe that they are 16yrs+
• S.11 Sexual activity in the presence of a child

  • A person is over 18yrs and intentionally engages in an activity
  • activity is sexual
  • purpose of gaining sexual gratification
  • another person (B) is present or in a place where A can be observed by B knowing and believing that B is aware
  • intending B to be aware that he is engaging in it
  • B is under 16 and A does not reasonably believe that B is over 16
• S.12 Causing a child to watch a sexual act

  • person is aged 18+
  • purpose of gaining sexual gratification
  • intentionally causes another person B to watch a 3rd person engaging in sexual activity or look at the image of any person engaging in SA
  • Activity is sexual
  • B is under 16 and A does not reasonably believe A is over 16years
• S.13 Child Sex offences committed by children or young person

  • Offender u18 commits an offence S.9 - S.12 then it would be covered under S.13
• S.33 Revenge Porn

  • An offence for a person to both disclose and threaten to disclose a private, sexual photograph or film
  • Disclosure is made without consent of an individual who appears in the photograph ot film
  • Intention of causing that individual distress
• S.63 Trespass with intent to commit a sexual act

  • Commits an offence if
  • He is a trespasser on any premises
  • Intends to commit a relevant sexual offence on the premises
  • Knows that or is reckless as to whether he is a trespasser
  • Can form intent once trespassing
• S.66 Exposure

  • commits an offence if he
  • intentionally exposes his genitals
  • intends that someone will see them and be caused alarm and distress
• Voyuerism

  • commits offence if for the purposes of obtaining sexual gratification
  • someone observes another person doing a private act
  • knows that the other person does not consent to being observed for SG
• S.71 Sexual activity in s public lavatory

  • in a lavatory to which the public or a section of the public has whether payment or otherwise
  • intentionally engages in an activity
  • activity is sexual