The Rape Of Assault By Penetration

Twenty-eight states fall under the category of “true non-consent states”, where the prosecution is not required to show that the offender used “force or threats of force against the victim”, and the defendant can be convicted of a sex offense by showing that the victim did not consent (Decker, 2011). While the majority fall under the first category, nine states can be identified as “contradictory non-consent states”, where the prosecution must prove either “the use of forcible compulsion or a victim’s incapacity to consent”; according to Decker, “requiring force or a lack of capacity to consent” completely counteracts the point of having a non-consent provision (Decker, 2011). The third category, “force states”, includes states that do not have non-consent sex offenses. Although the initial impression is that the majority of states have adopted non-consent standards, it is misleading because the number of states that are true to that definition shrinks as the statutes are examined more concisely (Decker, 2011). With that being said, in addition to defining consent and force, the concept of “rape” has also been clarified and developed.

For a sexual offence to be committed the main element is non-consent from one of the parties involved. There needs to be agreement by choice however, certain individuals do not have capacity to make that choice such as children, vulnerable adults and the mentally ill. Also, individuals who cannot consent to sexual activity because they have consumed alcohol or drugs. The Sexual Offences Act 2003 is in place to protect the above possible victims.

I want to put you in the shoes of a rape victim. Let us say you are walking home alone one night after hanging out with a couple of friends who live a few minutes down the road from you. It is a hot summer night so you are wearing shorts and a tank top, a little revealing? Maybe. You are walking home, not thinking about anything in particular considering it is a walk you have walked many times before. You suddenly hear noises and notice somebody behind you, but think nothing of it considering it is summer; everybody is usually out late partying during the summer. You started thinking more when the steps got closer, louder, and more aggressive. You turn around and see nothing but you start to walk a little faster. You are getting worried.

The Sexual Offences Act 1976 is a type of act which was created in 1976. The aim of this act is for the sex offenders to be identified. The Sexual Offences Act 1976 allows sex offenders to be observed and also to make sure that vulnerable adults are protected and not get harmed. Care Standards Act 2000 The Care Standards Act is a type of act which was created in 2000.

This paper will discuss sexual assault policy from 1972 to 2013. Sexual assault has been addressed in six pieces of legislature. Two of the six policies are layered policies intended to amend failures in preceding policy. Current sexual assault policy exists in the form of Title IX of 1972, the Victims of Crime Act of 1984, the Jeanne Clery Act of 1990, the Campus SaVE Act of 2013, and the SAFER Act of 2013. Of the six, the Campus SaVE Act and SAFER Act were both created to amend earlier policy – the timeline of this amendment reflects several key actions by President Barack Obama and his Vice President Joe Biden. This will be further expand on later in this paper.

“Sexual assault is any type of sexual contact or behaviour that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.” (Unknown, 2016)

It includes the offences of grooming, abuse of position of trust, trafficking, and covers offences committed by British citizens whilst abroad. It also updated the Sex Offenders Act 1997 to strengthen the monitoring of offenders on the sex offenders’ register.

Have the legislative changes introduced by the Sexual Offence Act (SOA) amended and improved the current law. The amendments were made because protection against sex offenders was poor and needed to be changed in the 1956 act. Therefore protection was attempted to be improved by the SOA 2003 so that further security against sex offenders is provided. For example, the SOA 1956 before would only consider a man liable for rape which means a woman could not be charged even if she attempted to rape. The current law SOA 2003 holds both a male and female liable for rape. The concept of consent is important in considering a crime and helps determine whether a defendant is guilty of a sexual offence. SOA 2003 has attempted to simplify consent under

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.

Statutory rape: The penis is touched on vagina but no penetration takes place. This type does not exist in Indian statutes yet

Issue: “Rape” also referred to a sexual assault, under New South Wales Crimes Act 1900 is defined as ‘a person who inflicts grievous bodily harm on another person with intent to engage in sexual intercourse with that other person, or with a third person who is present or nearby, is guilty of an offence punishable, on conviction, by imprisonment for 17 years’.

This was previously apart of the what was referred to as the Old Criminal Code. This code held the definition of rape, but just needed to be re-enacts Title 18 of the Idaho Code. This was reintroduced because of a case that was sprung among the courts. This case involved two adults by the names of Claudette Hall and Charles Rice, who were charged with and convicted of committing sexual acts with a minor child under the age of sixteen years, which violated in Old Criminal Code. The offense was supposedly committed on January 31, 1970, at the defendant’s home in Boise. Both adults were guilty and were sentenced a term of up to ten years in prison (Legislature I. , 1972).

This reflection paper and article critique has helped me to better understand the issue of sexual offense and the state of sexual offenders. This paper has helped me gain understanding on the varied features of sexual offense which subsequently allowed me to grasp the way in which measures can be taken to stop the issue altogether; these future measures include formulation of new policy reforms across different

The prosecution of statutory rape laws violations has led many to question the judicial proceedings for cases of non-violent underage sex. Some have wondered if current laws are used appropriately and do they effectively protect minor subjected to sexual

Therefore, the government should create a clear differentiation between the two types of statutory rapes and then a set of clear guidelines should be constructed. The first form of statutory rape occurs when a person violently rapes an unwilling child under the age of consent, whether that person is a stranger or family member (incest). This form is defined and in some cases more serious, deserving harsher punishment than the other. The second kind of statutory rape is when a person of legally age is accused of rape, by reason of committing sexual activities with their significantly younger partner. Under this circumstance, “sex with a minor”, is when things are no longer only black and white. Violent rape is rape; no matter how old the victim; on the other hand “under age sex” gets tricky.