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Table Of Contents

Work to date of the Sub-committee
Overall review of sexual and related offences
Overseas developments of significance
The consultation paper
Part XII of the Crimes Ordinance (Cap. 200)
Offences relating to prostitution or pornography
Classification of sexual offences
Third category – offences based on public morality
The range of sexual offences to be covered in the current project
Division of the project into different parts
The need for a set of guiding principles
Guiding principles of the Scottish Law Commission
Bestiality is not a form of sexual orientation
Basic assumptions/principles in the Home Office's paper
Recommendations on guiding principles for reform
Transitional arrangements
The current law on consent
Should there be a statutory definition of consent?
The proposed definition of consent
Capacity to consent to sexual activity
(i) Mental incapacity
Conclusions
(ii) Intoxication (whether by alcohol or drugs)
(iii) Minors
Statutory provisions on the determination of consent
The English Act
Evidential presumptions about consent
Evaluation of the evidential presumptions in the English Act
Conclusive presumptions about consent in the English Act
Evaluation of the conclusive presumptions in the English Act
The Scottish Act
The Queensland Criminal Code Act 1899
Different reform options for the determination of consent
Reasonable belief in consent
The scope and withdrawal of consent
The present law
Scope of the offence of rape
Distinction between rape and other forms of sexual penetrative acts
Should rape be separated from other penetrative acts?
Should the word rape continue to be used?
Application to surgically constructed sexual organs
Meaning of "penetration"
Mental element as to consent in rape
Option 1 – the subjective test
Option 2 – the objective test
Option 3 – the mixed test
Our proposed option
Introduction
Elements of the new offence
Name of the new offence
Definition of "sexual"
Activities which may or may not be sexual
Refinements of the limb (b) of the English approach
Section 2(4) of the Scottish Act
Buggery offences to be reviewed
Recommendation on sexual assault by penetration
Issues arising from the present law
The case for the creation of a new offence of sexual assault
Elements of the offence of sexual assault
A general definition of touching?
Sections 3(2)(d) and (e) of the Scottish Act
Sexual assault to cover non-contact assaults?
Recommendation on causing a person to engage in sexual activity
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RAPE AND OTHER NON-CONSENSUAL SEXUAL OFFENCES

RAPE AND OTHER NON-CONSENSUAL SEXUAL OFFENCES

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Published by James Law
RAPE AND OTHER NON-CONSENSUAL
SEXUAL OFFENCES
RAPE AND OTHER NON-CONSENSUAL
SEXUAL OFFENCES

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Published by: James Law on Dec 08, 2013
Copyright:Attribution Non-commercial

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02/08/2014

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