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
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
