The Student Room Group

Is this rape?

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(edited 6 years ago)
Reply 1
Avatar for Kyouya3S
Kyouya3S
9
sexual assault
Definitions of rape in the UK specifically involve putting your willy somewhere. So not rape.
it is not illegal to have an erection.
Original post by the bear
it is not illegal to have an erection.


Doesn't that depend on whether you have planning permission?
Original post by Good bloke
Doesn't that depend on whether you have planning permission?


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Reply 6
Avatar for Doones
Doones
21
Original post by Good bloke
Doesn't that depend on whether you have planning permission?


An erection can be up to 50% of the original area to be approved as a permitted development without planning permission.

Building regs may apply though.
(edited 6 years ago)
Original post by Dunstens0
Will it come under Section 3 or Section 4? If you know.. I did think that penetration can be form any part of the body?


Why don't you read the legislation? I find it often helps, and it is recommended by many judges.

Section 1 (the rape section) says:

A person (A) commits an offence if—

(a)he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

So rape obviously is not penetration of any part of the body, is it? And that section doesn't apply to your example as he didn't use his penis.

Section 2 (assault by penetration) says:

A person (A) commits an offence if—

(a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,

No mention of the tongue, and it was the mouth that was penetrated, so it isn't that, is it?


Section 4 (causing a person to engage in sexual activity without consent) says:

A person (A) commits an offence if—

(a)he intentionally causes another person (B) to engage in an activity,

(b)the activity is sexual,

(c)B does not consent to engaging in the activity, and

(d)A does not reasonably believe that B consents.

Here the 'victim' is not caused to engage in an activity, hence no offence.

That leaves section 3 (sexual assault), which says:

A person (A) commits an offence if—

(a)he intentionally touches another person (B),

(b)the touching is sexual,

(c)B does not consent to the touching, and

(d)A does not reasonably believe that B consents.

He touches; it is sexual; there may not be consent. Bingo!

He failed to get planning permission.
(edited 6 years ago)

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