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Overview of Sexual Offences Law

This document provides a tutorial on sexual offences, including key cases and legislation. It lists questions related to: [1] the definition of consent before and after the 2003 Sexual Offences Act; [2] discussing a relevant case; [3] analyzing whether an offence was committed in a scenario where a woman had sex with her boss after drinking at a Christmas party; [4] determining if rape occurred in various scenarios based on presumptions in the 2003 Act. It concludes by asking the reader to explain the relationship between sections 74, 75 and 76 of the 2003 Sexual Offences Act.

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55 views1 page

Overview of Sexual Offences Law

This document provides a tutorial on sexual offences, including key cases and legislation. It lists questions related to: [1] the definition of consent before and after the 2003 Sexual Offences Act; [2] discussing a relevant case; [3] analyzing whether an offence was committed in a scenario where a woman had sex with her boss after drinking at a Christmas party; [4] determining if rape occurred in various scenarios based on presumptions in the 2003 Act. It concludes by asking the reader to explain the relationship between sections 74, 75 and 76 of the 2003 Sexual Offences Act.

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Nadib
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Tutorial 14: Sexual Offences

Key Cases: DPP v Morgan (1975) 61 Cr App R 136; R v Olugboja [1981] 3 All ER 443; R
(Monica) v DPP [2018] EWHC 3469 (QB); Assange v Swedish Prosecution Authority [2011]
EWHC 2849 (Admin); McNally [2013] EWCA Crim 1051;; R v Jheeta [2007] EWCA Crim 1699;
R v Bree [2007] EWCA Crim 804; R v Devonald [2008] EWCA Crim 527; R v Linekar [1995] 3
All ER 69

Presentation: R v Lawrance [2020] EWCA Crim 971

Reading: Herring, Criminal Law, pp. 413-456 (42 pages)

Questions:

1. What was the definition of consent before the Sexual Offences Act 2003? What is the
definition of consent now?

2. Find the facts of Dougal (unreported) 24 November 2005, Crown Ct at Swansea (hint: there
was quite a lot of media coverage at the time – you do NOT need the court report). Do you
agree with Sir Igor Judge in Bree that the “inability of the complainant to remember whether
she gave her consent or not might on further reflection be approached rather differently.” (at
para 32)

3. Berta, a single mother, has worked at the same company for 4 years. Recently, her boss Alan
had promised her an end of year bonus, in prevision of which she booked a holiday for her
children. At the office Christmas party, Alan made advances to her and made it clear that he
might have to rethink her bonus if she did not agree to have sex with him. Feeling stressed
and under pressure, Berta drank more than usual and eventually had sex with Alan. Was an
offence committed?

4. According to the presumptions in the Sexual Offences Act 2003, is there rape in the following
situations?
a. D promised V money for sexual intercourse but left without paying.
b. D, pretending to be Brad Pitt, tricks V into having sexual intercourse with him.
c. D, who is happily married to V, comes home to find her asleep and starts having
sexual intercourse with her. She wakes up and tells him to stop.
d. In a bar, D secretly buys V an alcoholic cocktail rather than the non-alcoholic drink
she asked for. V doesn’t notice the difference and, not being used to alcohol, is
inebriated. D drives V back to her flat where they have sexual intercourse.

5. Explain the relationship between sections 74, 75 and 76 Sexual Offences Act 2003.

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