Sexual offences

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Question 1 of 16
1. Question
Jane was the victim of a rape, and following conviction, Jones was convicted and sentenced to a term of imprisonment of 10 years. Following his release Jones publishes on social media that he was wrongly convicted and names Jane as a liar and a gold digger. Has an offence under S1 of the Act been committed?
- No offence as Jones has completed his sentence.
- Yes, Jones has made a publication which is likely to identify the person whom the offence is alleged to have been committed.
- No offence. More than 10 years have elapsed since the date of conviction.
- No offence. Social Media does not amount to a publication under the Act because its scope is limited and not universally available to the public.
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Question 2 of 16
2. Question
Following Carpenter’s conviction for the rape and murder of Paula Wilson, he tells whoever will listen to him in prison that she was a known sex worker, consented to sexual intercourse and that her death was an unfortunate accident. Has Carpenter committed the offence under S1 of the Act?
- Np, because statements made to a limited section of the public does not amount to Publication under the Act.
- No, because the statements are not made during the victim’s lifetime.
- Yes. Statements made in speech, even to a.limited audience that can identify the victim amounts to a publication under the Act.
- No because the statements made identifying a rape victim may be made in judicial proceedings, in prison or in communications between Solicitors and clients.
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Question 3 of 16
3. Question
Following his release from prison, Grant decides to alert others to the identity of the complainant in his trial. Which of the following does not offend the test of Anonymity under the Act:
- Grant discloses to anyone who asked, and only to those who ask, the name and address of of the complainant.
- Grant publishes pictures of the complainant which shows her aged 5 at junior school.
- Grant publishes the names of Societies and the fact that she is a member of the County of the South West vintage railway club.
- Grant disclosed on Facebook the name of the complainant and that she has died and that he wishes her a special place in hell.
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Question 4 of 16
4. Question
n the case of Kaitamaki v The Queen (1985), at what point is penetration complete?
- Where the patient changes her mind and no longer consents to sexual intercourse.
- Where the patient changes her mind and the donor becomes aware that she has changed her mind and no longer agrees to sexual intercourse.
- At the point of withdrawal.
- Where the donor thinks that the patient has changed her mind and fails to withdraw.
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Question 5 of 16
5. Question
In relation to HIV when might a man commit an offence?
- A man who infects a woman with HIV during sexual intercourse is guilty of rape.
- A man who knows he has HIV and fails to make the patient aware is guilty of an offence against the person.
- A man who knows he has HIV but reassures the patient he is not HIV positive, is guilty of rape.
- A man who knows he has HIV but reassures the patient he is not HIV positive, is guilty of an offence against the person.
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Question 6 of 16
6. Question
What decision was arrived at in the case of Assange v Sweden (2011) in relation to conditional consent to sexual intercourse?
- All consent to sexual intercourse is unconditional.
- Consent to sexual intercourse may be conditioned on the understanding that sexually transmitted disease, so far as the patient and condom wearer are aware, will not be transmitted.
- Consent to sexual intercourse within a relationship is unconditional.
- Where wearing a condom is a condition of sexual intercourse, the wearer is guilty of rape if he breeches his undertaking.
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Question 7 of 16
7. Question
What was decided in the case of R v DPP (2013) in relation to conditional consent to sexual intercourse?
- Where withdrawal before ejaculation is a condition of sexual intercourse, a failure to do so is rape.
- Where withdrawal before ejaculation is a condition of sexual intercourse the courts cannot, with any certainty, be precise about when withdrawal took place.
- Where withdrawal before ejaculation is a condition of sexual intercourse, forensic science cannot, with any certainty, be precise about when withdrawal took place.
- Where withdrawal before ejaculation is a condition of sexual intercourse, a failure to withdraw is a sexual assault.
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Question 8 of 16
8. Question
What was the outcome of R v McNally (2013) where a deception was practiced to facilitate penetration?
- Where penetration is agreed by the individual, she cannot, after the event, where a dildo is used, complain that it was the ‘wrong type’ of penetration.
- The offence of sexual penetration is complete where a female masquerading as male penetrates with a dildo.
- Where a female agrees to sexual penetration, how the penetration is brought about matters not so long as physical injury does not result.
- An agreement to sexual penetration cannot further make conditions as to quality or quantity of the instrument used to meet the agreement.
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Question 9 of 16
9. Question
In John’s hotel room, Sue and John embark on a drinking spree and are overcome by the effect of alcohol. They are both awake and conscious, but drunk. Sexual intercourse takes place, and the next day Sue complains averring that her consent was not true consent as she was drunk. What does sections 74 & 75 of the Sexual Offences Act rule in the matter of true consent?
- John has raped Sue because she was drunk at the time and her consent was not true consent.
- True consent is where a person is of sound mind and has the ability to make sound judgements, which she would not ordinarily make when drunk. John therefore is guilty of rape.
- John administered a substance (alcohol) enabling Sue to be stupefied and is therefore guilty of rape.
- Sue consented to the drinking bout, she was awake, she had the freedom, choice and capacity to consent or not to intercourse. This would be a defence which John could rely upon.
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Question 10 of 16
10. Question
Peter is seeking to have sexual intercourse with Amanda, his new girlfriend, in the back of his car. She is reluctant and says she’s only known him a week. Her brother, Adrian works at Peters factory. Seeking to persuade her he says he could promote Adrian. She says “and if I say no?” He says, “I could make his life hell”. He adds that “there’s always little accidents”. Sue reluctantly submits to sexual activity. Does this amount to an evidential presumption of causing a person to engage in sexual activity without consent?
- Yes. Clearly Amanda does not give true consent, Peter knows this is not true consent and continues with the activity.
- Yes. Amanda was in fear that violence would occur to her or her brother Adrian.
- Yes. Amanda was scared because Peter sounded threatening.
- No. This is not an evidential presumption because the threats of violence were not immediate to any person.
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Question 11 of 16
11. Question
Brian posed online purporting to be a woman. He induced a man to masturbate on a webcam which he subsequently published online with a view to humiliation. What was decided in the case of R v Devonald (2008) in relation to the nature and purpose of deception?
- The victim was not deceived as he knew the nature and the purpose of his act.
- There was no deception in that the victim knew that masturbation was for the actors own sexual gratification.
- There was no deception because the victim believed the webcam was a private show for the perpetrator’s satisfaction.
- This is deception because the victim was induced into believing that he was masturbating towards a female which was a lie.
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Question 12 of 16
12. Question
What was decided in the case R v Jheeta (2007) in relation to deception, where the defendant began sending anonymous threatening messages to the victim, and promised to protect her when she confided in him, as well as sending messages pretending to be a police officer telling her she should sleep with him.
- s.76 was not relevant as the victim had not been deceived as to the nature or purpose of the sexual intercourse.
- s.76 was relevant as the victim had not been deceived as to the nature or purpose of the sexual intercourse.
- s.76 was not relevant because the couple were in a consensual relationship.
- s.76 was not relevant because the woman openly consented.
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Question 13 of 16
13. Question
How does s78 of the Sexual Offences Act define Sexual?
- Sexual means touching any part of a persons vagina, anus or breasts by any part of another’s body.
- Sexual means penetration by a penis of another’s vagina, anus or mouth.
- Sexual means what any person reasonably describe as sexual.
- Sexual means it is sexual because of its sexual nature, or because its circumstances or purposes is sexual.
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Question 14 of 16
14. Question
How does the Sexual Offence’s Act define ‘fetish’?
- Fetishes are not covered by the Act unless a reasonable person considers the fetish to be sexual.
- A form of sexual desire in which gratification is linked to a particular object.
- Fetish is an uncommon sexual desire towards animals, objects or clothing.
- Fetish is any unusual desire for sexual gratification from male or female clothing, including shoes.
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Question 15 of 16
15. Question
How does the Sexual Offences Act define Touching?
- Touching includes touching with any part of the body, through anything, including penetration.
- Touching includes touching with any part of the body in a way that the victim would believe to be sexual.
- Touching includes touching with any part of the body, or with anything else, through anything, and in particular includes touching amounting to penetration.
- Touching includes touching in a sexual way, with any part of the body, or through anything, and in particular, includes touching amounting to penetration.
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Question 16 of 16
16. Question
On how many occasions must a prostitute offer or provide sexual services to another person for reward or a promise of payment to a person or another?
- On at least one occasion.
- On at least 2 occasions.
- Commonly on 2 or more occasions.
- On at least one occasion from a private place, where she can be viewed from a public place.
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