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9 Cards in this Set
- Front
- Back
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What is the current definition of rape in Scots law? |
When one person puts their penis into another persons: mouth; anus or vagina without consent or reasonable belief that the victim is consenting. |
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HMA v Barbour 1982 SCCR 195 |
Accused took a woman in his car and abducted her and placed such fear into her that she could not say no to his advances. This redefined rape from needing the woman to have been overcome with force to the possibility that she could be overcome with threats and fear of violence alone. |
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What did Lord Advocates Reference (No. 1 of2001) 2002 SCCR 435 change about rape? |
It changed it from needing to overcome the woman's will to just having no reasonable knowledge of consent. It also states that a woman can withdraw consent at any point throughout intercourse and if the man keeps going then from this point it is rape. |
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What does s18 of the Sexual Offences (Scotland) Act 2009 refer to? |
It creates the offence of rape of a young child in the situation where someone penetrates with their penis the: mouth; anus or vagina of a child who has not yet reached 13 regardless of their consent. |
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What does s17 of the Sexual Offences (Scotland) Act 2009 refer to? |
It refers to the rape of those with mental impairments of such that they are no longer considered able to consent or able to have the thought process to make a good decision on consent. |
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What is the mens rea for rape? |
Either the lack of reasonable belief that the victim is not consenting, or complete recklessness as to whether the victim is consenting or not. |
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HM Advocate v McKearney2004 SLT 739 |
The victim woke to find the accused perched over her bed with his hands around her throat and repeatedly threatened to kill her. She managed to calm him down and she went to bed where he later came and had intercourse with her without either her expressing consent or non consent. The accused appealed and was successful on the grounds there had not been enough evidence of non consent. |
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Meek v HMA 1983 SLT 280 |
Six boys had sex with a drunk girl in a field after a party. Three were acquitted however three were found guilty because the juries at their trials could not see any way in which the girl would have consented to having sexual intercourse with six men at once. |
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What is the useful quote from Smart with regards to sexual assault? |
“if A touches B in a sexual manner and Bconsents to him doing so…….there is no assault because there is no evilintention” |
