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criminal law sexual offences problem question

Amir and Stephanie have been dating for several years and are now living together. Stephanie has made clear that she wants to use condoms when having sex. One night, Amir begins to have vaginal intercourse with Stephanie using a condom. After a while he notices that the condom has broken, but continues anyway. Stephanie later discovers the broken condom and throws Amir out of the house.

Amir goes to a bar where he meets Miranda. They drink for several hours together. Miranda is by this time very drunk. She goes into the toilets and is sick. When she does not return for some time, Amir goes to investigate. He finds Miranda in a toilet cubicle and holds her hair back as she vomits. He then stands in front of the cubicle door, blocking it, and gestures for Miranda to perform oral sex. Miranda initially says no, but eventually does so.

That evening, Amir comes back to the house drunk. He goes into the bedroom, gets into bed and puts his finger in the vagina of the figure sleeping there. However, he discovers it is actually Stephanie’s friend Izzy, who had stayed over after comforting Stephanie.

Discuss Amir’s liability for sexual offences.

how would I separate Amir's offences?
Rape.

Rape. Oral penetration is rape also.

Sexual assault by penetration.

That's the most I am willing to offer here. Have a think about it, i.e. why each offence might or might not apply. Look at the SOA2003, the case law (Westlaw Insight is pretty authoritative for basic insight into SOA case law, but the specific Sexual Offences and Blackstone's books in the Book section are better for a more advanced understanding). No one (who is half-competent) is going to answer the question for you.
(edited 5 years ago)
Ahh, didn't see it answered elsewhere.
I think you have to be cruel to be kind! This area of criminal law is the only one which actually interests me, and one I am above average at (if I do say myself). I look forward to being able to discuss it with people, but I am not going to just have a soliloquy and give all the answers! You should not be enabling the young lad!
HAHAHHAHAAH. That's quite spot on (sadly).

I do look forward to explaining complex ideas to students, though. I think I could do it in a lot more sensible way than 99% of my lecturers: tell students exactly what the topic of law is from at the beginning of the lecture series (a broad revision-guide overview of all the moving parts), how it relates to other areas, and explain the practical importance, then get into the nitty gritty. I think all too often they leave it at headlines, discrete sub-topics they're anxious to explain without stumbling over their words. That focus does not allow them, nor student, see the wood for the trees. In my defence with this, I told the lad what offences they might be and what to read in relation to it! Simple to the complex, whereas open questions are inherently complex. They can swallow up the world if you let them. So stuff you, NYU.
(edited 5 years ago)
Hahahahahha, that really made me laugh.
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Original post by Notoriety
Rape.

Rape. Oral penetration is rape also.

Sexual assault by penetration.

That's the most I am willing to offer here. Have a think about it, i.e. why each offence might or might not apply. Look at the SOA2003, the case law (Westlaw Insight is pretty authoritative for basic insight into SOA case law, but the specific Sexual Offences and Blackstone's books in the Book section are better for a more advanced understanding). No one (who is half-competent) is going to answer the question for you.


thank you for your help. I already had these offences down I just wanted clarification so I could start to draft my answer.
I have another question on murder/non-fatal offences is there any chance you could have a look at it please?
https://www.thestudentroom.co.uk/showthread.php?t=5342772#primary_content
I have down a murder with self-defence (which would fail) and intoxication
if no mens rea is found, reckless manslaughter?
then a s.20 offence with the same defences
I'm not sure if I'm on the right lines but any guidance is appreciated

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