Sexual Offences in England
(All definitions come from Stone, 1999)
RAPE:
It is an offence for a man to rape a woman or another man.
A man commits rape if:
(a) he has sexual intercourse with a person (whether vaginal or anal) who at the time of the intercourse does not consent to it; and
(b) at the time he knows that the person does not consent to the intercourse or is reckless as to whether that person consents to it.
In legal definitions for a crime to exist (most of the time) there needs to be Actus Reus (an ACT) and Mens rea (mental state to commit a crime or STATE OF MIND), intent.
(A. )Only mistake of identity or mistake of the nature of the act will constitute rape.
(B.) It is not always easy to distinguish in court between Submission and Consent.
ATTEMPTED RAPE:
This has to include actions carried out by the defendant that are "more than merely preparatory." This is left to the jury to decide and is not easy.
PROCUREMENT OF A WOMAN TO HAVE SEXUAL INTERCOURSE
This is under threats or intimidation.
The problem is what level of threat really makes it wrong.
ADMINISTERING DRUGS FOR THE PURPOSES OF SEXUAL INTERCOURSE
It is an offence for a person to apply or administer, or cause to be taken by, a woman any drug matter or thing with intent to stupefy her so as thereby to enable any man to have unlawful sexual intercourse with her.
INTERCOURSE WITH GIRLS UNDER 13 OR 16
Belief that the girl is older does not matter. Absolutely no defence if under 13. If the defendant is under 24 and he reasonably believes she is over 16 and he has not been charged with like crime before.
INTERCOURSE WITH 'DEFECTIVES'
Intercourse with a woman when defective ('...a person suffering from a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning).
INDECENT ASSAULT
Any sexual attack not involving vaginal or anal penetration with the defendant's penis.
BUGGERY
Anal intercourse between a man and another man or woman. Sexual intercourse between a man or woman and an animal. Con sensual anal intercourse is illegal if committed in public, for males (more that two persons take part or are present in a public lavatory. No definition exists for heterosexual anal intercourse in public -- decided case by case.
INDECENCY WITH CHILDREN UNDER 14
This is left open but "Gross indecency' would like masturbating in front of the child.
INDECENT EXPOSURE
A man exposing his penis to a woman.
