LAW1114 Lecture Notes - Lecture 10: Sexual Penetration, The Offence
13 Aug 2018
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A intentionally sexually penetrates b and: b. Forcing another person to commit the act of sexual penetration: a is not the one doing the sexual penetration. Forcing someone else to do it, or someone else to penetrate another: defence. For medical or hygienic purposes in good faith. How to approach sexual offence problem in an exam: ar ---> jury directions to consent, mr -----> jury directions to reasonable belief. Should have stopped penetration: a person sexually penetrates themselves if - Incapable of consenting: children or disabled people, mistaken about the identity of any person in the act, eg. Lights off, think its her partner its someone else: they have to say yes now, not saying anything means no consent, circumstances are not limited. If it follows under these - prosecutions job easier: you must find there was no consent to convict, physical actions - touching = sexual assault.
