law0121
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Ben and Carl live together, and are sexually active together. For a number of years their relationship has been strained, and they frequently engage in verbal arguments. During one such argument, Ben loses his temper and lashes out at Carl, punching him in the groin.
Carl responds by pushing Ben down onto the sofa, grabbing him by the neck, and squeezing hard. Unbeknownst to Carl, Ben has developed a fetish for erotic asphyxiation and whilst he is emotionally distressed by Carl’s attack, he also finds the experience of being choked sexually exciting, to the point where he becomes noticeably aroused. When Carl notices this, he releases Ben in shock and disgust, calls him a pervert, and retreats to their shared bedroom.
After collecting his thoughts, Ben runs after Carl and knocks on the bedroom door, asking to be allowed to explain himself. Carl opens the door with a packed suitcase, and makes to storm out of the flat. The two of them struggle in the doorway of the bedroom, with Ben trying to prevent Carl from leaving. During this, Ben grabs Carl by the arms and kisses him roughly on the lips, pushing his tongue into Carl’s mouth. It is at this point that the police, alerted by the couple’s concerned neighbours, arrive and arrest them both.
1. a) *Discuss Ben and Carl’s potential criminal liability, assuming that neither defendant could rely on a defence of self-defence.
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law0121
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can it be rape as it is forced penetration when he forcefully kisses him
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law0121
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Any guidance on how I can answer this problem question (first time doing an essay question in criminal law ) I do not want an answer, just guidance
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RohanYnaik
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First identify all the different crimes that could be committed and whether there were any parties, attempts or conspiracies
Second what are the actus reus elements of the crimes
Third what are the Mens rea elements
Are there any defences

Potential answer:
Ben: Assault, Indecent assault
Carl: Assault

B on C
Assault
Actus reus: Application of force
Mens rea: Intention
Defence: Consent

etc
Then you just go from there
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law0121
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Thank you!
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