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Summary Causation & Recklessness PQ Notes

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2018/2019 Written for academic year
Institution University College London (UCL)
Module Criminal Law
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Comprehensive first class Criminal Law PQ notes from University College London (2018/2019). Notes include concise case summaries, key reasonings to reconcile conflicting case law and detailed answer outlines to problem questions

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Rape
s. 1(1) SOA provides that

A person (D) commits rape if:

Actus Reus: He intentionally penetrates the vagina, anus, or mouth of another person (V) with his penis,
and V does not consent to the penetration

Mens Rea: D does not reasonably believe that V consents


Sexual assault
s. 3(1) SOA provides that

A person (D) commits an offence if—

Actus Reus: He intentionally touches another person (V), the touching is sexual, and V does not consent
to the touching

Mens Rea: D does not reasonably believe that V consents

- What constitutes sexual touching? No definition but suggested that it should be from the
standpoint of a reasonable person, due to its “sexual nature” – s78 SOA 2003

- RvH
o Held that touching a person through his or her clothes suffices



Causing a person to engage in sexual activity without consent
s. 4(1) SOA provides that

A person (D) commits an offence if—

Actus Reus: He/she intentionally causes another person (V) to engage in an activity, the activity is
sexual, V does not consent to engaging in the activity

Mens Rea: D does not reasonably believe that V consents


Consent
Conclusive presumption [shortcut]: s76
Alternative: s75 (rebuttable)
General definition of consent: s74
Connected book
image
Jonathan Herring, Jonathan Herring Criminal Law
Publisher: Unknown ISBN: 9780198702276 Edition: 6

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