Abstract

This chapter focuses on the law in relation to sexual offences, which is principally governed by the Sexual Offences Act 2003 (SOA 2003). It cites s 78 of SOA 2003, which provides that, except in relation to the offences of sexual communication with a child and sexual activity in a public lavatory, penetration, touching or any other activity is sexual. It also defines consent according to s 74 of SOA 2003, wherein a person consents if they agree by choice and has the freedom and capacity to make that choice. The chapter talks about a person that may not have a freedom to make a choice whether or not to agree if violence is being used or threatened against them or another. It reviews s 5(1) of SOA 2003, wherein a person is indicted if he intentionally penetrates the vagina, anus, or mouth of a person under 13.

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