Sexual Offences

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Author:
janene
ID:
154186
Filename:
Sexual Offences
Updated:
2012-05-16 12:10:08
Tags:
criminal
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Description:
sexual offences criminal law cases flashcards
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  1. R v R
    • rejected marriage rape immunity as a defence
    • marital rape could not be prosecuted till 1991

    indicative of the slowness of the law to intervene to protect women from sexual assault

    (re: CR v UK)
  2. CR v UK
    • re: R v R
    • ECtHR rejected the argument that R v R was retrospective law making, since court decisions were gradually cutting away and qualifying marital rape immunity
    • natural progression of the law
  3. R v Williams
    • Singing teacher persuaded pupil to have sex to improve her breathing
    • - was a deception as to the purpose of the act
    • - vitiated consent under section 76(2)(a)
  4. R v EB
    • Consent
    • appellant failed to disclose HIV status before sexual penetration
    • - still sufficient consent, since he did not deceive her as to the nature and purpose of the act
    • - didnt get HIV, otherwise GBH (R v Dica)
    • - but will not have any defence to any charge which may result from harm created by that sexual activity, such as consent to infection by the disease

    • other questions:
    • - Should deceptions include implied deceiptions?
    • - But the act of non-disclosure should be prosecuted by tailormade charges of deception in relation to the particular sexual activity, not prosecuted under rape
  5. R v Jheeta
    • D pretended to be several policemen and sent a lot of text messages to the V, telling her to have sex with D or pay a fine for causing him distress.
    • - conclusive presumptions don't apply--> not deception as to the nature/purpose of the act
  6. R v Devonald
  7. R v Flatter
  8. R v Linekar
  9. R v Tabassum
  10. R v Elbekkay

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