Criminal Law – Lecture [15-11-19]
Rape
Reform background
Old law mostly governed by the Sexual Offences Act 1956.
Criticised as “archaic, incoherent and discriminatory”:
Lord Falconer, introducing the Sexual Offences Bill in the House of Lords.
Further criticised as old-fashioned, “cumbersome and inadequate”:
* J. Temkin, ‘Getting It Right: Sexual Offences Law Reform’ (2000) 150 New Law Journal
1169.
The Sexual Offences Act 2003 now governs most of the main sexual offences which occur
in England and Wales. It represents a critical and radical overhaul of sexual offences.
An Act ‘to modernise Victorian laws on sex offences and to provide a clear, coherent and
effective set of laws that increase protection, enable the appropriate punishment of
abusers and ensure that the law is fair and non-discriminatory’.
- Home Office Press Release.
The Act came into force on 1 May 2004.
S.1(1): A person (A) commits an offence if –
(a) he intentionally penetrates the vagina, anus or mouth of another person (B)
with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
S.1(2): Whether a belief is reasonable is to be determined having regard to all the
circumstances, including any steps A has taken to ascertain whether B consents.
Rape is a conduct crime: D’s conduct (penile penetration of V’s vagina, anus or mouth)
must take place in particular circumstances (ie where V does not consent). There is no
‘result’ element. As such, causation is not really in issue under the actus reus of rape.
Actus Reus:
Penetration must be penile (ie only male perpetrators re: female or male victims).
Rape
Reform background
Old law mostly governed by the Sexual Offences Act 1956.
Criticised as “archaic, incoherent and discriminatory”:
Lord Falconer, introducing the Sexual Offences Bill in the House of Lords.
Further criticised as old-fashioned, “cumbersome and inadequate”:
* J. Temkin, ‘Getting It Right: Sexual Offences Law Reform’ (2000) 150 New Law Journal
1169.
The Sexual Offences Act 2003 now governs most of the main sexual offences which occur
in England and Wales. It represents a critical and radical overhaul of sexual offences.
An Act ‘to modernise Victorian laws on sex offences and to provide a clear, coherent and
effective set of laws that increase protection, enable the appropriate punishment of
abusers and ensure that the law is fair and non-discriminatory’.
- Home Office Press Release.
The Act came into force on 1 May 2004.
S.1(1): A person (A) commits an offence if –
(a) he intentionally penetrates the vagina, anus or mouth of another person (B)
with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.
S.1(2): Whether a belief is reasonable is to be determined having regard to all the
circumstances, including any steps A has taken to ascertain whether B consents.
Rape is a conduct crime: D’s conduct (penile penetration of V’s vagina, anus or mouth)
must take place in particular circumstances (ie where V does not consent). There is no
‘result’ element. As such, causation is not really in issue under the actus reus of rape.
Actus Reus:
Penetration must be penile (ie only male perpetrators re: female or male victims).
