Serious Sexual Assault
Serious Sexual Assault
(Rape)
Rape
is a type of Sexual Assault,
usually involving
Sexual Intercourse or other
forms of Sexual Penetration,
carried out against a person,
Male or Female,without that
person's Consent.
The act of rape,maybe carried
out by physical force,coercion,
abuse of authority,or against a
person who is incapable of
giving Valid Consent, ie
a person who is unconscious,
incapacitated,has an intellectual
disability,or below the legal age
of consent
ABUSE of AUTHORITY
Abusive power and control,is
the way that an abusive person
gains an maintains power and
control over another person,
in order to subject,that victim to
psychological,physical,sexual,
or financial abuse.
The motivation of the abuser are
varied,and include devaluation,
envy,personal gain.
Victims,that have been raped,
can be traumatized and develop
'post traumatic stress disorder
(PSTD)
Serious injuries can result,
along with the risk of
PREGNANCY and SEXUALLY
TRANSMITTED INFECTION
(SDI)
the victim,may face violence
from the rapist,and in some
cultures,from the victim's own
family and relatives.
leading to
(honor killing of the raped victim)
Types of Rape
ACQUAINTANCE RAPE.
is perpetrated by a person that
is known to the victim,
someone the victim is dating,ie
classmate,co-worker,employer
family member,spouse,counselor,
therapist,religious official,
medical GP/employee
DATE RAPE
refers to a rape in which there
has been some sort or romantic
or potentially sexual relationship
between the two parties
STATUTORY RAPE
non-forcible sexual activity in
which,one of the individuals is
below the age of consent.
GANG RAPE
occurs,when a group of people
(usually male) participate in the
rape of a single victim,
(usually a female)
rape involving at least two or
more perpetrators.
RAPE BY DECEPTION
is when the perpetrator(s)
has obtained the victim's
agreement and compliance
but,gained it through
Deception of
FRAUDULENT STATEMENT(S)
or Actions
SEXUAL OFFENCES ACT 2003
s1(1) (rape) and (s5) covers
(rape of a child under 13)
OFFENCE
a person (A) commits an
offence if
(a) he intentionally penetrates
the vagina,anus,or mouth of
another person (B) with his penis
(b) (B) does not consent to
the penetration,and
(c) (A) does not reasonably
believe that (B) consents
INTENTION
is the defendants (A) aim or
purpose in pursuing a particular
course of action.
REASONABLE BELIEF
whether a belief is reasonable
is to be determined having regard
to all the circumstances.
Note
full penetration of the vagina
is not essential to commit rape
rape includes penile penetration
of the mouth,as this act could be
just as traumatising and damaging
for the victim (B)
Gender Specific
the gender of the complainant
is irrelevant
PRESUMPTION
the obtaining of Consent,
could come about by a number
of means
a) any person was,at the time
of the relevant act or immediately
before it began,using violence
against the complainant or
causing the complainant to fear
that immediate violence would be
used against them or
b) that immediate violence
would be used against another
person.
