Rape Offence in UK Law
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R v Olugboja
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Although "consent" is an equally common word it covers a wide range of states of mind in the context of intercourse between a man and a woman, ranging from actual desire on the one hand to reluctant acquiescence on the other. We do not think that the issue of consent should be left to a jury without some further direction.
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R v G (Secretary of State for the Home Department intervening)
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In many cases, there will be no reason to take any official action at all. But the message of sections 9 and 13 is that any sort of sexual activity with a child under 16 is an offence, unless in the case of a child who has reached 13 the perpetrator reasonably believed that the child was aged 16 or over. There are many good policy reasons for the law to convey that message, not only to adults but also to the children themselves.
In my view this does not engage the article 8 rights of the appellant at all, but if it does, it is entirely justified. This it attempts to do by a clear rule that children under 13 are incapable of giving any sort of consent to sexual activity and treating penile penetration as a most serious form of such activity. This does not in my view amount to a lack of respect for the private life of the penetrating male.
Even supposing that it did, it cannot be an unjustified interference with that right to label the offence which he has committed "rape". But the law has disabled children under 13 from giving their consent. In my view the prosecution, conviction and sentence were both rational and proportionate in the pursuit of the legitimate aims of the protection of health and morals and of the rights and freedoms of others.
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R (F) v DPP
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The evidence relating to "choice" and the "freedom" to make any particular choice must be approached in a broad commonsense way. Contrary to her wishes, and knowing that she would not have consented, and did not consent to penetration or the continuation of penetration if she had any inkling of his intention, he deliberately ejaculated within her vagina.
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R v Ben Corran and Others
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Against that background, we turn to the offence of rape of a child under 13, contrary to section 5 of the Act. The appropriate sentence is likely to lie within a very wide bracket, depending on all the circumstances of the particular offence. There will be very few cases in which immediate custody is not called for, even in relation to a young offender because the purpose of the legislation is to protect children under 13 from themselves, as well as from others minded to prey upon them.
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R v A (No 2)
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In accordance with the will of Parliament as reflected in section 3 it will sometimes be necessary to adopt an interpretation which linguistically may appear strained. The techniques to be used will not only involve the reading down of express language in a statute but also the implication of provisions. A declaration of incompatibility is a measure of last resort. It must be avoided unless it is plainly impossible to do so.
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Sexual Offences (Amendment) Act 1976
... ... (Amendment) Act 19761976 c.82An Act to amend the law relating to rape.[22nd November 1976] ... 1: Meaning of rape etc ... (1) For the ... (2) In this Act(a) a rape offence means any of the following (i) an offence under section 1 of the Sexual ... ...
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Sexual Offences Act 2003
... ... Part 1: Sexual Offences ... (1) A person (A) commits an offence if—(a) he intentionally penetrates the vagina, anus or mouth of another ... Rape and other offences against children under 13 ... 5: Rape of a child under ... ...
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Punishment of Incest Act 1908
... ... hard labour: Provided that if, on an indictment for any such ... offence, it is alleged in the indictment and proved that the female ... person is ... (3) If, on the trial of any indictment for rape, the jury are ... satisfied that the defendant is guilty of an offence ... ...
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Criminal Law Amendment Act 1885
... ... Provided that no person shall be convicted of any, offence under this section upon the evidence of one witness, unless such witness ... connexion with her by personating her husband is or is not guilty of rape, it is hereby enacted and declared that every such offender shall be ... ...
- The offence of rape in Victoria
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The Rape of a Label Why it Would Be Wrong to Follow Canada in Having a Single Offence of Unlawful Sexual Assault
With the enactment of the Sexual Offences Act 2003, the UK has just had its biggest shake-up of the existing law on sexual offences. Rape has been widened to include oral sex, a new offence of assa...
- De-genderisation of the Offence of Rape under the Violence against Persons (Prohibition) Act 2015: An Assessment of the Practical Challenges and the Slippery-Slope Effects
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The Role of Gender in Judicial Decision-Making: Similar Fact Evidence, the Rose West Trial and beyond
This article uses the trial of Rose West as a window through which to examine and understand some of the processes underlying decisions to allow or exclude similar fact evidence in rape and other s...... ... underlying decisions to allow or exclude similar fact evidence in rape and other sexual offence trials. Drawing on research which has explored ... ...
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Sexual Offences - Avoiding Patient Allegations of Sexual Assault
... ... that they are aware of the present law on sexual assault and rape and the proposed reforms. This article provides a brief synopsis of the ... Under s.1 of the Sexual Offences Act 1956 it is an offence for a man to rape a woman or another man. Rape is committed if he has ... ...
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Qualified Teacher's Privacy Rights Were Not Breached By Disclosure Of Rape Acquittal In Enhanced DBS Check
... ... an acquittal did not contradict the effect of that acquittal, in other words it did not suggest that the applicant was guilty of the criminal offence of rape. The Court of Appeal held that the difficult balance ... between protecting vulnerable people and interfering with the right to respect for ... ...
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Sex, Lies, And Dating Apps: The CPS Updates Its Guidance On Rape Myths And Stereotypes
... ... Crown Prosecutors in deciding whether a suspect should face ... prosecution ... It is the complexity of the offence of rape and the issue of ... consent, as well as sometimes outdated attitudes towards sexual ... allegations, that increase the risk of rape myths ... ...
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Police Investigation Into Sexual Assault In The Metaverse - The Real Risks Of Virtual Reality And How They Can Be Countered
... ... include - "The threatening ... communications offence, to capture communications ... which convey a threat of serious harm, ... such as grievous bodily harm or rape" - however these ... threats are intended to relate to actions proposed to ... ...