- No case law surrounding charges of rape where V was told that D had a vasectomy until the case of Jason Lawrence – discuss significance of Crown Court being a lower court and therefore potentially subject to appeal on what is potentially a test case.
- General definition of the offence of rape under s.1 Sexual Offences Act 2003: Penetration of vagina, anus, or mouth with his penis; lack of consent; D had reasonable belief that victim did not consent.
- No specific authority: look at the facts in light of ‘stealthing’ and deliberate deception – how covert condom removal compares to deceitfully telling V that a vasectomy has taken place.
- What the essay shall discuss: evidential issues found in conclusive presumptions under s.76, the case law, how the decision in Lawrence sits with the current law, and whether the law is right.
Consent and deception
- The crown has to prove beyond reasonable doubt that all of the elements of the offence are met, otherwise they will not have discharge their duty to the standard of proof required, and no conviction should therefore follow.
- Prosecution has to prove that a s.76 conclusive presumption was at-play at the time of the offence.
Type of service: Academic paper writing
Type of Assignment: Essay
Number of sources: 12
Academic level: HNC/HND
Paper format: OSCOLA
Line spacing: Double
Language style: UK English