Introduction
• S & S, 421:
Non-Consensual Sexual
The Sexual Offences Act 2003 contains
Offences four major provisions that penalize D in
respect of non-consensual acts. These
Claire de Than offences are, respectively: rape; assault by
penetration; sexual assault; and causing a
person to engage in sexual activity without
consent …
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Critical analysis
• The pivotal definitions of consent and reasonable
belief in consent are vague.
• D. Rodwell, Problems With The Sexual Offences Act
2003 [2005] Crim LR 290: should the defence be
consent and any of the evidential presumptions
contained in s. 75 of the Act apply to the case, then
considerable difficulties arise, because it is quite clear
that none of these presumptions may be applied to
attempts .
• Office for Criminal Justice Reform, Convicting Rapists
and Protecting Victims – Justice for Victims of Rape
(2006), 8: the rate of conviction for rape has …
decreased from 33% … of cases reported to the police in
1977 to 7.5% … in 1999 to 5.29% … in 2004 .