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23 Cards in this Set
- Front
- Back
Rape (definition) |
If a person (A), with A's penis - |
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Consent |
- to be understood as free agreement
- does not exist where the conduct occurs at a time when B is incapable because of the effect of alcohol or any other substance of consenting to it |
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Assault by Penetration |
Actus Reus: |
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Garvock v HM Advocate (1991) |
Assault by penetration |
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Sexual Assault |
Actus Reus -Absence of consent or reasonable belief -Intention or recklessness |
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Sexual Coercion |
-Intention - Absence of consent or reasonbale belief |
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Coercion to be present during Sexual Activity |
-Absence of consent or reasonable belief -for the sexual gratification or to distress, alarm or humiliate |
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Coercing a person to look at a sexual image |
-Absence of consent or reasonable belief -intention -Not limited to photos of real people |
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Communicating indecently |
-Absence of Consent or reasonable belief -for the sexual gratification or to distress, alarm or humiliate - No requirement that it is received or that the recipient appreciates the sexual content |
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Voyeurism |
-Absence of consent or reasonable belief -for the sexual gratification or to distress, alarm or humiliate |
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Administering a Substance for Sexual Purposes |
-Without victim's knowledge or reasonable belief that victim knows |
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Sexual Offences Where Consent is Irrelevant |
-Rape of a Young Child -Sexual assault on a young child by penetration -Sexual assault on a young child -Causing a young child to participate in sexual activity |
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What is a 'young child' and an 'older child' for the purposes of the Sexual Offences Act 2009? |
- Younger child - under 13 |
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True or False |
False |
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Sexual Offences (Scotland) Act [2009] - Section 27 states : |
It is NOT a defence to any offence that the accused believed the victim to be over the age of 13 |
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What case references consent as the: |
Marr v HM Advocate [1996] |
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What is the authority for the statement: |
Lard Advocate's Reference (No 1 of 2001) |
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What does Section 13 of the Sexual Offences (Scotland) Act [2009] tell us about consent and what does it not tell us? |
Section 13 tells us where consent is not present, but does not tell us where consent is present, or what it positively means. |
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DF v Griffiths |
- Public Indecency |
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DPP v Morgan |
The case that overruled 3rd party consent |
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The meaning of 'Sexual' for the purposes of the statute: |
Section 60. as understood by a reasonable person |
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Mutebi v HMA |
- Consent withdrawn during the act |
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Usai v Russell |
Public indecency can take place in a private locus |