Sexual Offences Act 2008 : Section 1

There are many different types of rape. Rape is a violent crime involving sexual acts forced on one person by another. Rape is technically defined as forced penetration, this includes with any body part or object, including anal, vaginal or oral

The old common rape law defined rape as the use of force to penile-vaginal penetration without the consent of the victim. But the MPC changed the definition to include the realities of assault. MPS led to the criminalization of all types of penetration among other sexual assault.

Consent means a clear ‘yes’ to the sexual act, however not saying ‘no’ also does not necessarily mean that you have given consent. Section 74 of the Sexual Offences Act 2003 defines consent as 'if he agrees by choice, and has the freedom and capacity to make that choice’. This means that the person must know and understand as to what is going on, what they want to do, are able to say what they want to do and are sober i.e. not under the influence of drugs or

According to the DOJ, sexual assault is any type of sexual contact that happens without consent. That could be forced sexual intercourse,

Legally, the definition for sexual assault differs widely by the political and geographical standpoint of the allegation. This is because sexual assault is an umbrella term for any sexual misconduct that may occur without the victim’s consent; such as rape (forced, non-consensual penetration), attempted rape, unwanted sexual groping, forced kissing, or torture in a sexual manner. However, this definition varies considerably by state. Even though they all share basic elements the prosecution of any of these instances differ greatly by state, community, institution, and campus.

Rape is defined as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim” (Uniform Crime

Sexual assault is a term used to define a broad category of sexual experiences ranging from criminal to noncriminal acts, with a common denominator of nonconsensual sexual contact. Across research, sexual assault has been defined using the following terms: forced rape, incapacitated rape, sexual coercion, and unwanted sexual contact (Fedina, Holmes, & Backes, 2016; Krebs et al., 2007). Additionally, attempted sexual assault, or sexual assault that was not completed, is often captured either as a unique type of assault or is grouped within another sexual assault type previously listed. Forced rape is defined as using physical force or the threat of force to complete an unwanted sexual act involving vaginal, anal, or oral penetration. Incapacitated rape is defined as a completed unwanted sexual act involving vaginal, anal, or oral penetration while the victim is unable to consent to the act because of drug use or alcohol intoxication, either when taken voluntarily or coercively.

This offence comes under section 6 of the SOA 2003 and states that a person commits an offence if he intentionally penetrates the vagina or anus of another person under the age of 13 in a sexual manner. This section mirrors the section 2 offence, however, this offence does not require the victim to lack consent to penetration or for the defendant to lack a belief in the victims consent which means that D will be held liable for the offence if he sexually penetrates V who is under the age of 13 in the proscribed manner.

Firstly, it has to be proven that the vagina, anus or mouth was intentionally penetrated by the defendant. The mens rea for rape is the intentional penetration. Once penetrated it is thought that intent is there unless the penetration is minimal. In that case it can be argued that

     Sexual assault is a term that is used interchangeably with the word rape. The decision on whether or not to use the term rape or sexual assault is made by a state’s jurisdiction. Sexual assault is more readily used in an attempt to be more gender neutral (National Victim Center). Sexual assault can be most easily described as forced or unconsentual sexual intercourse. The individual that is performing these acts on the victim may either be a stranger or an acquaintance. In 1994, 64.2 percent of all rapes were committed by someone the offender had previously known (Ringel, 1997). Regardless, this type of crime can have extreme effects on the victim.

The term sex crimes can be used when crime occurs that involves any form of sexual assault or sexually motivated acts. Sex crimes can involve criminal sexual activity such as acting with a lack of consent. In other cases, sexual activity can be consensual, but still involve a crime occurring. All sex offenses, as defined in Article 130 of the New York Penal Law, are gender neutral. This means that either a man or a woman may be a victim to or charged with a sex offense. There are legal terms when discussing different sex offenses contained in the Penial Law such as the definition of sexual conduct, sexual intercourse, sexual conduct, and sexual contact. Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated

English Citizen: I would consider the statute on rape in the Sexual Offences Act 2003 that states, “Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.”

Taking a look at the United States, the rape law here consisted of five elements that must be met before it was considered rape in a court of law. “The act had to be criminal, involve carnal knowledge, victimize a woman, and be committed using force, and the force has to be against the will of the victim” (Richards & Marcum, 2015, p. 17). The United States’ law had many restrictions that did not consider rape against spouses. This common law definition of rape was used until the mid-1900’s. It was not until 1962 when the Model Penal Code established a broader definition of rape. This definition was an updated

Rape, or forcible sexual intercourse without consent from both parties, may involve physical violence, threats, and verbal abuse to intimidate and violate one person's body. Rape is considered a federal offense in the Western world. A perpetrator committed in the act of forcible intercourse is known as a rapist. According to the American Medical Association, rape

Rape is a form of sex; there are many ways that it falls under the category of sex. We will continue to explore the idea of this as we further our argument on the subject. A couple of the things that will be discussed include reproduction, penetration, and how rape fits with the law.