Sexual Assault in UK Law
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R v D (JA)
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The judge is entitled to make comments as to the way evidence is to be approached particularly in areas where there is a danger of a jury coming to an unjustified conclusion without an appropriate warning. It is no part of the judge's task to put before the jury Dr Mason's learning without her having been called as a witness.
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R v Jones (Michael)
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The issues addressed in these cases were the result of two things: the increase in the maximum penalty for indecent assault from two years' imprisonment to 10, enacted by section 3(3) of the Sexual Offences Act 1985; and the practice of prosecutors to lay charges under section 14 when the time for doing so under section 6 had expired. In R v Hinton (1994) 16 Cr App R(S) 523 it did so because the section 6 time limit had expired.
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R (C) v Middlesbrough Council; A v Hoare and other appeals
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If a complaint has been made and recorded, and more obviously still if the accused has been convicted of the abuse complained of, that will be one thing; if, however, a complaint comes out of the blue with no apparent support for it (other perhaps than that the alleged abuser has been accused or even convicted of similar abuse in the past), that would be quite another thing.
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B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening)
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If a legal rule requires a fact to be proved (a "fact in issue"), a judge or jury must decide whether or not it happened. There is no room for a finding that it might have happened. The law operates a binary system in which the only values are 0 and 1. If the party who bears the burden of proof fails to discharge it, a value of 0 is returned and the fact is treated as not having happened.
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R v Heard (Lee)
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The Defendant had penetrated a child's vagina with his finger when drunk. We are wholly satisfied that there is no basis for construing the new Sexual Offences Act as having altered the law so as to make voluntary intoxication available as a defence to the allegation that the defendant intentionally touched the complainant.
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1) DSD and Another v The Commissioner of Police for the Metropolis
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A psychiatric report was prepared on NBV by Dr Tony Davies on behalf of the Defendant. He met with NBV on 4 th June 2013 for approximately 1 hour and 15 minutes. His report does not differ substantially from that of Professor Maden. He concluded that at the point in time when he assessed NBV she did not reach the threshold for a current diagnosis of a Depressive Disorder/Episode or Post-Traumatic Stress Disorder.
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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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Modern Slavery Act 2015
... ... (3) Sexual exploitationSomething is done to or in respect of the person—(a) which ... ) section 37 (assaulting officer preserving wreck) section 38 (assault with intent to resist arrest) ... Annotations: Commencement Information ... ...
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Sentencing Act 2020
... ... punishable with imprisonment for 14 years or more and certain sexual offences) , a person is convicted of the offence,(b) the person is aged ... etc with intent to do grievous bodily harm) ;(vii) section 47 (assault occasioning actual bodily harm) ;F316(aa) an offence under section 75A of ... ...
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The Criminal Legal Aid (Remuneration) Regulations 2013
... ... to 4.3 (sexual offences, children) , 750;(di) in cases falling within bands 5.1 to 5.3 ... and male under 16Sexual Offences Act 1956, s.13As aboveIndecent assault on a womanSexual Offences Act 1956, s.14As aboveIndecent assault on a ... ...
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Sexual Offences (Scotland) Act 2009
... ... 1(4) in force at Royal Assent see s. 62(2); s. 1 otherwise in force at 1.12.2010 by S.S.I. 2010/357, art. 2(a) ... Sexual assault by penetration ... 2: Sexual assault by penetration ... (1) If a person (“A”) , with any part of A's body or anything else—(a) without ... ...
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Deconstructing Reform: Exploring Oppositional Approaches to Research in Sexual Assault
Book reviews: Gregory, Jeanne and Sue Lees, Policing Sexual Assault (reviewed by Ruth Graham)
- Policing Male Rape and Sexual Assault
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Medical evidence in child sexual assault cases
Purpose: Previous studies suggest that the presence of medical evidence is rare in child sexual assault (CSA) cases, and if present at all, such evidence is unlikely to identify a specific assailan...
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Reasonable Doubt in Credibility Contests: Sexual Assault and Sexual Equality
Sexual assault prosecutions present particular challenges in making credibility determinations in ‘he said/she said’ cases. An analysis of Canadian law illustrates how attempts to avoid the ‘either...
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