WEEK 9 TUTORIAL This tutorial consists of the following parts: Part 1 - Sex offences: elements · Part 2 - Sex offences: Problem PRE-TUTORIAL PREPARATION 1. Revise your lecture notes and readings related to sex offences 2. List what you think are the elements of each of the offences in Part 1 in the boxes provided - and be prepared to discuss what each element means in the tutorial. 3. Read through the facts to the problem in Part 2 of this week's tutorial. If you haven't familiarized yourself with the facts before the tutorial, you will have less time to practice applying the law. PART 1 SEX OFFENCES: ELEMENTS Led by your tutor (as a whole class), discuss the elements and ambit of each of the following offences: s 227 Indecent acts Any person Wilfully - mental state - Must do it with awareness, not accidental - Jeans fly is unzipped in public (accidentally exposed themselves), not be a wilful or deliberate exposure Without lawful excuse Does any indecent act - Indecent - Briant case - Requires a bodily act ... a) in any place to which the public are permitted to have access whether on payment of a charge for admission (park=free or a paid concert): still considered a public place despite paying for admission
OR b) any place with intent to assault or offend s 316A Unlawful drink spiking person who administers or attempts to administer (don't have to succeed) in drink a substance to another person without the other person's knowledge of the substance intent to cause other person to be stupefied or overpowered s 349 Rape 2a) carnal knowledge of another > s6 Without the other person's consent > s348 2b) penetrates the vulva, vagina or anus to any extent with a thing or a part of the person's body that is not a penis without their consent c) person penetrates mouth of the other person with the person's penis without the other person's consent s 350 Attempt to commit rape 1) Person Attempts > s4: o Intent to commit an offence Execution of intention by means adapted to the fulfilment of that intention o An overt act manifesting the intention o Failure to fulfil the intention of committing the offence Commit rape
Then go through elements of rape s 351 Assault with intent to commit rape Person Assaults another person > s245 With intent to commit rape s 352 Sexual assaults 1a) unlawfully Indecently - Briant - Sexual connotation, depends on the circumstances Assaults another 1b) procures another person Without the persons consent - Commit an act of gross indecency > forces victim to touch themselves OR - Witness an act of gross indecency -> forces victim to watch