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If a person ("A"), with A's penis – penetrates to any extent, without (1) another person ("B") consenting, and (2) without any reasonable belief that B consents, either intending to do so or reckless as to whether there is penetration, the vagina, anus or mouth of B then – A commits an offence, to be known as the offence of rape. [1] [2] [3]
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.
(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 1980 The Criminal Justice (Scotland) Act (1980) legalised homosexual acts at age 21. The homosexual age of consent was then lowered to 18 in the Criminal Justice and Public Order Act 1994, and finally lowered to 16 (equalising it with the heterosexual age of consent) in England & Wales and Scotland in the Sexual Offences (Amendment) Act 2000 ...
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.
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.
Consent. As to consent, see sections 12 to 15 of the Sexual Offences (Scotland) Act 2009. As to whether a sleeping or unconscious person has capacity to consent, see section 14 of that Act. As to whether a mentally disordered person has capacity to consent, see section 17 of that Act. Reasonable belief
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.