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Sexual Offences Act 2003 Essay

755 Words4 Pages

One of the most challenging aspects of England and Wales criminal law is the regulation of inter-person sexual contact. Even though there have been significant reform to the law in this area, the current rules governing "consent" and sexual offences are not well understood. The Sexual Offences Act 2003 is the most significant piece of legislation pertaining to claims or allegations of sexual activity in England and Wales. The statute is extensive and lays forth the conditions under which a variety of offences are prohibited.
Rape and Assault by Penetration
It must be established that there was penetration in order for the prosecution to establish that a person has committed a crime of either rape or sexual assault by penetration. Hence, in …show more content…

What is consent in sexual offences cases?
Prior to the 2003 Act's implementation in May 2004, there was no statutory definition of the term "consent" in the context of sexual offences. However, the 2003 Act (s.74) fills that legal gap by defining consent as follows: A person consents if he or she agrees by choice and has the freedom and capacity to do so.
Why is consent a key part of a sexual offences case?
To obtain a conviction in a case involving alleged sexual contact crimes, the prosecuting authority must demonstrate to the Court that the Defendant had no reasonable belief that consent had been given by the Complainant. The same is true for those accused of engaging in sexual activities with children under the age of 16. Prosecutors must be able to show that the individual in question did not have a reasonable belief that the child in question was over the age of …show more content…

It should be noted that the Defendant bears the burden of proof in demonstrating a reasonable belief. In law, having a genuine but unreasonably mistaken belief that an individual was consenting to sexual activity is not a defence to any allegation of a violation of the 2003 Act. According to the 2003 Act, a Defendant must meet a specific test when attempting to demonstrate that he or she held a reasonable

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