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The Guide is on Moodle, and there are some hard copies in the law office. The Guide explains the various areas of performance (AOP) and skills and abilities (SKAs). In other words, it explains the general marking criteria for a problem question. Below is a list of the marking criteria/AOP /SKAs that you must demonstrate for this particular course work. You will see that they reflect the general AOP and SKAs explained in the Feedback Guide.
When you have completed your course work, read it through for mistakes, omissions, errors, vague explanations etc. Check that you have demonstrated the relevant skills and abilities and complete the Skills and Abilities Analysis Form (SKAAF). This can be found in the first section of the Criminal Law Moodle page. Identify any AOP/SKAs that you failed to spot as problematic in the first course work (corrective exercise), and record how you met these and all the AOP and SKAs for coursework 2. Complete each section of the SKAFF. You need at least a few sentences per section, but you can write more if you want to. When you have completed the SKAFF, paste it into your work (after your bibliography page) and upload your submission to Turnitin.
When I return your marked course work, you will read your feedback and any suggested answers etc. that I upload to Moodle. You will then send me a ‘reflective analysis’ of your performance (350 words maximum). Include in your analysis details of any problems that you had meeting the AOP and SKAs for this course work. The two reflective elements embedded in coursework 2 equate to a maximum of an additional 5 marks (not 5% of the final subject mark as I suggested in the lecture). As an example, if you get 63 for the actual answer and 4 marks for your reflection you will receive 67% overall. Whether you get 0,1,2,3,4 or 5 extra marks will depend on how successfully and sincerely I feel that you have reflected on your work before you submitted (as explained in your SKAFF) and reflected on your subsequent feedback in your email.
In your email, use the following template:
Coursework two – reflective analysis of performance
1) Positive aspects regarding my performance 2) Negative aspects regarding my performance
3) I estimate my grade to be (this is the grade for your answer – do not include the possible 5 marks for the reflective part of this coursework)
4) Before the exam, I need to do the following to improve:
AOP/SKAs for course work 2 (marking criteria).
Your grade will reflect the extent to which you have met the following:
• Identify the issues relating to rape. (You do not need to summarise all of these issues are at the beginning of your answer – address them when they become relevant in your discussion of the elements of the AR and MR).
• Provide accurate legal definitions regarding rape and the statutory rules relating to the offence.
• Demonstrate knowledge and understanding of the legal rules relating to rape. Explanations should be in sufficient detail and complete, and should refer to applicable case law. Explanations should be clear in meaning, legally accurate, relevant to the question set, and avoid repetition. If appropriate, explanations should discuss the law regarding rape in the wider social context.
• Apply the law regarding rape to the facts of the question, referring to the facts of relevant cases by analogy. Identify the evidence in the question that supports your arguments.
• Include critical reflection of the issues regarding rape where relevant and appropriate.
• Provide reasoned and appropriate conclusion/s regarding D’s criminal liability for rape.
• Demonstrate research skills, including the ability to independently source and select relevant primary and secondary sources, and evidence of planning and preparation. Do not just rely on the course booklet, read main cases and other relevant material. Do not copy directly from the course booklet; this amounts to plagiarism.
• Adopt an appropriate and logical structure. • Adopt an appropriate style, including use of reported speech (past tense) and
absence of colloquial (chatty) language.
• Demonstrate a sufficient command of English language in terms of grammar and punctuation and sentence construction/syntax. Do not use American spellings.
• Demonstrate skills regarding general presentation, word-processing, and referencing. Provide a bibliography. If you use the course booklet, this must also be included in your bibliography.
PLEASE TAKE NOTE OF THE PLAGRAISM RULES. WHERE THERE IS EVIDENCE THAT STUDENTS HAVE COLLABORATED, THIS WILL BE TREATED AS A BREACH OF THE RULES.
The Question
Damon had recently started a job as a web designer with an IT marketing company, ‘Marktek’. The company made over £2m profit the previous year. The company had been nominated for a prestigious award regarding its innovative strategies. Damon was asked to join senior management at the National Marketing Awards Ceremony at the Grosvenor Hotel in London. The Company liked to enthuse new staff by inviting them to social events, where the ‘fruits’ of hard work and commitment were in evidence. The Company had a designated table for the night, and won the award. At the drinks reception after the ceremony, Damon got talking to a woman at the bar. She introduced herself as ‘Carrie’ and commented that she was glad Marktek had won the award, even though she worked for a rival company. Damon really fancied Carrie, and when she asked Damon what his role was within Marktek, he decided to impress her, hoping that it might encourage her to have sex with him. Damon said that he was the head of the web design department and in charge of fifty individual designers. Carrie commented that Damon must be extremely rich. Damon said that he was, and that he had a penthouse flat in Docklands. Carrie was really impressed by Damon’s wealth and power and she started to cuddle up to him and got very flirty. Damon suggested that they go to one of the hotel rooms. Carrie obliged and they went upstairs. Inside the room, after kissing for some time, Damon asked Carrie to have sex with him. Carrie replied that she would, provided that they were careful, as she did not want to get pregnant. Damon lied and said that it was all taken care of, but in fact, he had no intention of using protection. Damon also believed that Carrie’s earlier flirty behavior, coupled with her decision to go to the room with him and kiss him, indicated that she wanted to have sex, whatever the circumstances. After having sex, Carrie realised that Damon had not used protection, but she didn’t say anything because although shocked, upset and angry at what he had done, she was too nervous to confront him. Carrie thought that as Damon had a powerful position, he might be able to make things difficult for her at her own place of work. As it was the early hours of the morning, Carrie stayed the rest of the night in the hotel room. Damon woke at 6am and noticed that Carrie was asleep. Thinking that she would refuse to have sexual contact again, he penetrated her with an object whilst she was still asleep. Carrie was so tired that she didn’t wake up. Damon filmed this on his mobile phone. When Carrie woke at 8am, she discovered that Damon had already left. Upon leaving the hotel, Carrie met Tim at reception. She got chatting and Tim said that he was head of the web design department at Marktek. Carrie questioned this, saying that she had met the head, Damon, the previous night. Tim laughed and showed Carrie his Marktek ID card. He told Carrie that Damon had just graduated from university and that he was just one of the new lads who had started in the web design department the previous week. Carrie immediately wished that she had not had sex with Damon.
A week after the awards ceremony, Carrie went to the police and told an officer that Damon had raped her. Carrie had eventually decided to report the incident, despite the fact that she was aware that rape allegations are not always taken seriously. During the police investigation the video of Damon penetrating Carrie whilst she was asleep emerged. Consider Damon’s criminal liability for rape contrary to s.1 (1) of the Sexual Offences Act 2003.
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