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Unit 8 P4

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Recommended: The theories of punishment in criminal law

Sexual offences are sexual assaults that are covered in the Sexual Offences Act 2003. Sexual assault also known as sexual violence or abuse is any type of involuntary sexual activity that the victim does not give consent to (does not agree to) and it is never the victim’s fault. Sexual assault can include any type of sexual contact with someone who cannot consent, such as someone who is underage, has an intellectual disability, or is passed out. It also includes rape, attempted rape, sexual coercion, sexual contact with a child, incest (sexual contact between family members), Fondling or unwanted touching above or under clothes. Sexual assault can also be verbal or visual and it is anything that forces a person to join in unwanted sexual contact …show more content…

A person (D) is guilty of this offence if he intentionally penetrates the vagina, anus or mouth of another person (V) with his penis and V does not consent to the penetration and D does not reasonably believe that V consents. Since rape is restricted to penile penetration it can only be committed by a man on a woman or another man and can only be dealt with in the crown court and any person guilty of this offence can be imprisoned for life. Rape can also happen when the victim cannot physically give consent, such as whilst she was drunk, passed out or high. Rape can also happen when the victim cannot legally give consent, such as if she is underage. Sections 75 and 76 apply to an offence under this section. Defences to rape under Section 1 of the SOA 2003 often arise from (but are not limited to) the …show more content…

This offence makes a person guilty if he intentionally touches another person sexually without their consent and the defendant does not reasonably believe that the victim consents. Sections 75 and 76 apply to an offence under this section. Sexual assault embodies a wide breadth of sexual acts carried out on a non-consenting participant, the definition is set in deliberately broad terms, which includes; Mere touching which can even amount to an offence if the touching was of clothing worn by the complainant. Pinching, slapping, kissing and touching naked genitalia and using naked organs to stroke, rub, press or touch. Defences to sexual assault under Section 3 of the SOA 2003 often include (but are not limited to) the

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1. Topic 1 The Alaska Sex Offender Registration Act was established like in many other states shortly after the 1994 rape and murder of Megan Kanka, a seven-year-old from New Jersey. Within the registry offenders are separated into two separate categories, non-aggravated offenders and aggravated offenders solely based off of the gravity of the offense(s) committed. AS 12.63.010.

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The first settlement of colonies in Australia received the English common law, which was in turn adopted as Australian common law. The adopted laws included the 18th century proposition that ‘marital rape immunity’ prevented a man from being convicted of the rape of his wife, because she was presumed to have given general consent to sexual intercourse with him upon marriage. This suggestion of ‘marital rape immunity’ may be traced to ‘Sir Matthew Hale's The History of the Pleas of the Crown’. In the early common law, the offence of rape did not extend to the matrimonial relationship: Thus, a husband could never be charged or convicted of raping his wife.

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In a personal injury court proceeding, the wrongdoing of assault is generally defined as any intended action that is thought to cause a "much anxiety of impending and damaging contact" - that is, an activity that made somebody (the suffered one) look forward that they were getting ready to hurt or, as a minimum, touched in a damaging way by a different one (possibly the offender). In nearly all states, that anxiety or fear of forthcoming harm - as long as it 's a remarkable response to the circumstance - is all that 's required one by one for an act to be held an assault. The exact legal requirements are different in some specific way by state; however a personal injury proceeding for assault would possibly arise in following types of

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Examples Of Non Fatal Offences

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The present law on non-fatal offences can be found under the “Offences Against the Person Act 1861” and the “Criminal Justice Act 1988”. At first glance these acts seem to be comprehensive, however, they have been deemed unfit for purpose. In reality, the statute language is obsolete, which may lead courts to misinterpret parliament’s purpose. More importantly, there is no statutory definition of assault or battery, leading to further confusion as to what crimes constitute these offences. To make matters worse, an issue of disparity arises when similar crimes convicted under different sections of the act have unequal severity of consequences, arbitrating it unfair.

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Summary: The Sexual Offence Act 2003

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The Sexual Offence Act 2003 define rape as: ‘The accused (A) intentionally penetrated the vagina, anus or mouth of the complainant (B) with his penis. That B did not consent to the penetration, and that A did not reasonably believe that B consented (Wykes and Welsh ,2009 :112-113). To prove rape these three factors ‘must prove by the prosecution beyond all reasonable doubt’ (Wykes and Welsh ,2009: 112-113).

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Module 7 Body Political Analysis

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Rape is apart of Body Politics because it is about forcing one’s body into unwanted sexual activity. (Against the body) While reading the module I thought about the common knowledge and stereotypes of rape. In most cases portrayed in the media throughout history, it has always been a male raping a female. The idea of a woman raping a man is a joke to most people, but it is serious. Rape was very common in the past because with birth control becoming more popular and more sexual activity around the wartime, sex was everywhere whether one wanted it or not.

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Furthermore, research on female sexual offending may suffer from unreliability and definitional concerns. The ambiguity of legal terms such as ‘offender’, tends to require a detectable action, and given the enigmatic nature of these offenses, female sex offending has only been accounted as a class of crime for the past 25 years (Ericson 1982, cited in Riffe et al., 2005). Above all, the biggest criticism of this type of data was its descriptive essence and its inability to draw inferences. In the final analysis and taking into consideration all arguments presented, the powerful stereotypes surrounding the female sexual roles in society, has definitely contributed to the ignorance and neglect of female sex offending.

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In this essay, positivism and 2nd/3rd wave feminism are being compared and contrasted on their theories of how victims are given their status. In particular looking into the view of rape victims as this shows differences and similarities between the two theories. In the Sexual Offences Act (2003) it defines rape as forced penetration, with lack of consent, to the vagina, anus or mouth by a penis. Both of these theories explore the views of ‘ideal victims’. The United Nations stated that the term victim was an individual who has suffered harm either physically, mentally or emotional: victimization occurs when a person suffers harm as a result of someone violation criminal laws.

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