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Otherwise, a female can be charged with assault by penetration or causing sexual activity without consent, both of which carry similar sentences to rape. [4] The age of consent in all three legal jurisdictions in the United Kingdom is set at 16, a person under 16 years of age is deemed legally incapable of consenting to sexual activity by law.
Director of Public Prosecutions (DPP) v Morgan [1975] UKHL 3 was a decision of the House of Lords which decided that an honest belief by a man that a woman with whom he was engaged with sexual intercourse was consenting was a defence to rape, irrespective of whether that belief was based on reasonable grounds.
In May 1974, the Campaign for Homosexual Equality suggested a basic age of consent of 16, but that could be as low as 12 "in cases where a defendant could prove the existence of meaningful consent". [19] [20] The Sexual Law Reform Society proposed in September of that year lowering the age of consent to 14, with the requirement that below the ...
(b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. (2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. (3) Sections 75 and 76 apply to an offence under this section.
In determining whether an accused had 'reasonable belief' that consent existed, "regard is to be had to whether the person took any steps to ascertain whether there was consent or, as the case may be, knowledge; and if so, to what those steps were". The following examples are given in s.13-15 of the Act of where consent would not be established.
The Sexual Offences Act 2003 has introduced a hybrid test of reasonable belief as to consent. The defendant must now be seen to have taken steps to ascertain clearly whether the complainant was consenting in all the circumstances. This abolishes the defence of a genuine though unreasonably mistaken belief as to the consent.
Silence in these circumstances is incongruous with honesty, or with a genuine belief that there is an informed consent. Accordingly, in such circumstances the issue either of informed consent, or honest belief in it will only rarely arise: in reality, in most cases, the contention would be wholly artificial.
Trafficking out of the UK for sexual exploitation, contrary to section 59 of the Sexual Offences Act 2003 An offence under section 2 of the Modern Slavery Act 2015 , committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act, is a specified sexual offence.