Chapter 8 Self-test questions

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What is the actus reus of rape?

Penetration of the vagina, anus, or mouth, with a penis, without consent. correct incorrect

Penetration of the vagina or anus with a penis, without consent. correct incorrect

Penetration of the vagina with a penis, without consent. correct incorrect

Penetration of the vagina with the penis or finger(s), without consent. correct incorrect

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What is the mens rea of rape?

Intentional vaginal penetration. correct incorrect

Intentional sexual conduct of a kind which could lead to D's erect penis entering V. correct incorrect

Intentional vaginal, anal, or oral penetration. correct incorrect

Intentional penetration and lack of reasonable belief in consent. correct incorrect

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What are the "irrebuttable" conclusive presumptions of non-consent?

Deception as to the nature of sexual intercourse. correct incorrect

Deception as to the nature or purpose of the act, or as to the identity of D. correct incorrect

Deception as to D's age and marital status. correct incorrect

Deception as to D's intentions as to any later relationship, or whether one exists. correct incorrect

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What are the "rebuttable" evidential presumptions of non-consent?

Use of unwanted physical touch; Contact in an area not mutually agreed; D's interest in types of sexual activity beyond those of the V; Trying to exceed any agreement. correct incorrect

Deception as to D's professional status; Deception as to whether or not D is married; Deception as to D's age, Deception as to D's intentions in terms of the contact. correct incorrect

Use of violence; Fear of violence; Sleep or lack of consciousness; Unlawful detention; Physical disability preventing communication; Spiking, lacing or doping. correct incorrect

D's inability to obtain an erection; D's infertile status; D's ability to sustain sexual activity; D's attentions having been rebuffed on previous occasions; D's absence of any prior relationship. correct incorrect

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What is the general definition of consent?

V agrees by choice, and has the freedom and capacity to make that choice. correct incorrect

V agrees because he or she really wants to partake in matters. correct incorrect

V agrees by informed choice, and this informed choice is supported by some evidence. correct incorrect

V agrees by choice, and there are no extraneous factors that could lead to that later being questioned. correct incorrect

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What is the actus reus of assault by penetration?

Sexual penetration of the vagina or anus with a part of D's body, or by D with any other thing, without consent. correct incorrect

Sexual penetration of the mouth, with a penis, without consent. correct incorrect

Sexual penetration of the vagina, anus or mouth with a part of D's body, or by D with any other thing, without consent. correct incorrect

Sexual penetration which is directed towards a male V. correct incorrect

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What is the mens rea of assault by penetration?

Intentional vaginal penetration with something other than a penis. correct incorrect

Intentional penetration and lack of reasonable belief in consent. correct incorrect

Intentional vaginal, anal, or oral penetration without consent. correct incorrect

Intentional sexual conduct of an intimate nature. correct incorrect

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In a case of assault by penetration, the Prosecution must prove that the penetration was sexual. True or false?

True correct incorrect

False correct incorrect

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How does the law define "sexual"?

Whatever D's intentions, it is, by means of its circumstances, incontrovertibly sexual; or
Because of the situation in which it occurs it could be sexual, and because of D's conduct at the time, it is actually sexual. correct incorrect

Whatever the means by which the actus reus was carried out, the intentions of D at the time of the relevant act were sexual beyond reasonable doubt in the eyes of the jury. correct incorrect

Whatever its circumstances or any person's purpose in relation to it, it is, because of its nature, sexual; or
because of its nature it may be sexual and because of the circumstances or the purpose of any person in relation to it (or both) is sexual. correct incorrect

Whatever the relationship between D and the V, that, in the circumstances prevailing at the time, D's conduct was sexual, and was intended as such, and that this conduct could objectively and reasonably be construed to be sexual. correct incorrect

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In a case of assault by penetration, D does not even need to know that their conduct is "sexual." True or false?

True correct incorrect

False correct incorrect

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What is the actus reus of sexual assault?

D's touching the V's vulva, bottom, or breasts. correct incorrect

Sexual touching, by D, of an area covered by underwear. correct incorrect

D's touching the V's intimate area, breasts, or neck. correct incorrect

Sexual touching, by D, without consent. correct incorrect

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What is the mens rea of sexual assault?

Intentional touching of the vulva and lack of reasonable belief in consent. correct incorrect

Intentional touching of the intimate areas, neck, or feet. correct incorrect

Intentional touching and lack of reasonable belief in consent. correct incorrect

Intentional touching of the private areas, hair or clothing. correct incorrect

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Touching through clothes cannot amount to sexual assault.
True or false?

True correct incorrect

False correct incorrect

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Which of these acts is not covered by the offence of sexual assault?

Touching the back of someone's skirt or trousers. correct incorrect

Kissing someone. correct incorrect

Telling someone to take off their clothes. correct incorrect

Ejaculating over someone. correct incorrect

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Touching someone's feet or neck can be sexual assault.
True or false?

True correct incorrect

False correct incorrect

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What is the actus reus of causing a person to engage in sexual activity without their consent?

Telling someone to expose their intimate areas in public. correct incorrect

Filming somebody when they are in a toilet or having sex. correct incorrect

Making someone do something sexual, without consent. correct incorrect

Asking somebody to masturbate in front of a third party. correct incorrect

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What is the mens rea of causing a person to engage in sexual activity without their consent?

Intending to cause someone to engage in non-consensual sexual activity, and lack of reasonable belief in consent. correct incorrect

Intending to cause someone to expose their private parts in a belief that they are in a private place, when in fact they are not. correct incorrect

Intending to cause someone to engage in masturbation in front of a third party, video camera, webcam, or window. correct incorrect

Intending to cause someone to engage with a sexual situation, without telling them that it is sexual in advance of the event. correct incorrect

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Asking someone to masturbate themselves can fulfil the offence of causing a person to engage in sexual activity without their consent. True or false?

True correct incorrect

False correct incorrect

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A woman getting a man to penetrate her without his consent will fall within the scope of causing a person to engage in sexual activity without their consent. True or false?

True correct incorrect

False correct incorrect

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Which of these acts is not covered by the offence of causing a person to engage in sexual activity without their consent?

Threatening someone so they remove clothes over a webcam. correct incorrect

Threatening someone to masturbate themselves in the room. correct incorrect

Threatening someone to take intimate photos of themselves. correct incorrect

Threatening someone to masturbate themselves next week. correct incorrect

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What is the actus reus of statutory rape?

Penetration, with a penis, of the vagina or anus of a person aged under 13. correct incorrect

Penetration, with a penis, of the vagina, anus, or mouth of a person aged under 13. correct incorrect

Penetration, with a penis, of the vagina of a person aged under 13. correct incorrect

Penetration, with a penis or finger(s), of the vagina of a person aged under 13. correct incorrect

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What is the mens rea of statutory rape?

Intentional penetration. correct incorrect

Intentional sexual conduct of a kind which could lead to D's erect penis entering V. correct incorrect

Intentional sexual touching. correct incorrect

Intentional penetration and lack of reasonable belief in consent. correct incorrect

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What is the definition of assault of a child under 13 by penetration?

Reckless sexual penetration of the vagina or anus or mouth of a person aged under 13, without consent. correct incorrect

Intentional sexual penetration of a person aged under 13, which is directed towards a male V. correct incorrect

Reckless sexual penetration, with a part of D's body, or by D with any other thing, of the vagina or anus or mouth of a person aged under 13, without consent. correct incorrect

Intentional sexual penetration, with a part of D's body, or by D with any other thing, of the vagina or anus of a person aged under 13. correct incorrect

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What is the definition of sexual assault of a child aged under 13?

Intentional sexual touching of the V's vulva, bottom, or breasts of a person aged under 13. correct incorrect

Intentional sexual touching, by D, of a person aged under 13. correct incorrect

Reckless sexual touching, by D, of an area usually covered by underwear, of a person aged under 13. correct incorrect

Recklessly touching the intimate area or breasts of a person aged under 13. correct incorrect

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What is the definition of causing or inciting a person aged under 13 to engage in sexual activity?

Recklessly making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual. correct incorrect

Asking someone aged under 13 to expose their intimate areas in public. correct incorrect

Intentionally making someone aged under 13 to do something sexual, or simply asking someone aged under 13 to do something sexual. correct incorrect

Asking somebody aged under 13 to masturbate in front of a third party. correct incorrect

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Sexual offences where V is under 13 are strict liability - but where V is aged 13-15, D is only liable if they did not reasonably believe V was aged 16 or over.
True or false?

True correct incorrect

False correct incorrect

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With sexual offences where V is aged 13-15, offences are categorised differently depending upon the age of D.
True or false?

True correct incorrect

False correct incorrect

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Arranging or facilitating the commission of a child sex offence, and meeting a child following sexual grooming are both specific offences in the Sexual Offences Act 2003.
True or false?

True correct incorrect

False correct incorrect

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Sending a person under 16 an explicit sexual image is an offence.
True or false?

True correct incorrect

False correct incorrect

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Two consenting adults intentionally engaging in sexual activity, for the purposes of gratification, in the presence of a child is an offence.
True or false?

True correct incorrect

False correct incorrect

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There is a high degree of overlap in the child sex offences.
True or false?

True correct incorrect

False correct incorrect

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Sexual contact with someone aged 16 or 17 could, in certain circumstances, constitute a sexual offence. True or false?

True correct incorrect

False correct incorrect

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If D is in a position of trust with someone aged 16 or 17, with whom they are also in a sexual relationship, they may have a defence.
True or false?

True correct incorrect

False correct incorrect

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If D is aged over 18, it could be a sexual offence for them to have sexual intercourse with V (an adult relative aged over 16).
True or false?

True correct incorrect

False correct incorrect

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If D is aged over 16, it could be a sexual offence for them to consent to being sexually penetrated by V (an adult relative aged over 16). True or false?

True correct incorrect

False correct incorrect

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Regardless of an adult V's age, if they have a mental disorder impeding choice, then sexual contact with them could constitute a sexual offence.

True correct incorrect

False correct incorrect