Assignment Done: Criminal Law Essay
QUESTION. 1. How far has the reform of the offence of rape in s.1 of the Sexual Offences Act 2003 achieved a balance between the protection of complainants and defendants in these difficult cases? 2. Is the scope of the offence of Sexual Assault in s.3 of the Sexual Offences Act 2003 clear? 3. Adrian (22) meets an attractive blond, Bettina, at a nightclub and he invites her back to his flat, where they have sexual intercourse. Discuss the potential criminal liability of the parties in the following circumstances: (i) Bettina is 15 years old. (ii) Bettina is 12 and looks very mature for her age. (iii) Adrian has been spiking Bettina’s drinks all evening and she would not have consented to sex had she been sober. (iv) Bettina has been spiking Adrian’s drinks all evening and he would not have consented to sex had he been sober. (v) Adrian offered to pay for sex but reneges on this agreement afterwards. (vi) Bettina mistakenly believes Adrian is a millionaire, he is aware of this and does nothing to disabuse her. 4. Dan (aged 25) has been having sexual relations (including sexual intercourse) with Samantha (aged 16) for 2 years now. One evening they go to a 15th birthday party for Samantha’s friend, Nina. Samantha (who is bisexual) tells Nina that she has fancied her for years. Nina tells Samantha firmly that she likes her, but only as a friend. However, when they are dancing, Samantha strokes Nina’s buttocks and the tops of her thighs. Nina runs away crying. Meanwhile, another guest Mark (aged 19) has spotted Donna (aged 20) whom he used to date until she recently ‘dumped’ him suddenly. Mark decides to humiliate her by pulling her skirt down whilst others are watching. Mark then notices Janice, Nina’s sister. Mark thinks that she is at least 16 but in fact she is 12. Mark takes her to a bedroom where she agrees to him penetrating her vagina with his finger. After the party Samantha stays over at Dan’s flat. She is so drunk that she passes out on Dan’s sofa. She awakes suddenly to find that Dan is having sexual intercourse with her. She is angry and slaps him. He stops immediately. Discuss the potential criminal liability of Dan, Samantha and Mark.
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