Criminal Law Sexual Offences Problem Question

Watch
s.kh
Badges: 2
Rep:
?
#1
Report Thread starter 2 years ago
#1
I need some help regarding a Criminal Law problem question:

A goes into a room intoxicated and puts his finger in the vagina of a figure sleeping (B) there (who they assume is their partner) but turns out to be someone else.

I was thinking A would be liable for s.2 assault by penetration. And because B is asleep, the evidential presumptions would come in here - did B consent and did A have reasonable belief in consent?

If A is intoxicated would this make any difference? And if they thought it was their partner but B was a stranger?
0
reply
username1628823
Badges: 19
Rep:
?
#2
Report 2 years ago
#2
(Original post by s.kh)
I need some help regarding a Criminal Law problem question:

A goes into a room intoxicated and puts his finger in the vagina of a figure sleeping (B) there (who they assume is their partner) but turns out to be someone else.

I was thinking A would be liable for s.2 assault by penetration. And because B is asleep, the evidential presumptions would come in here - did B consent and did A have reasonable belief in consent?

If A is intoxicated would this make any difference? And if they thought it was their partner but B was a stranger?
When I see questions like this I wonder whether people studying law at uni actually look at their textbook/Westlaw/Lexis/lecture slides before asking for help.

Look at the case of R v Whitta; it's all you need for this PQ. With regards to intoxication, look at DPP v Majewski as qualified/doubted by R v Heard.
1
reply
s.kh
Badges: 2
Rep:
?
#3
Report Thread starter 2 years ago
#3
(Original post by Jasaron)
When I see questions like this I wonder whether people studying law at uni actually look at their textbook/Westlaw/Lexis/lecture slides before asking for help.

Look at the case of R v Whitta; it's all you need for this PQ. With regards to intoxication, look at DPP v Majewski as qualified/doubted by R v Heard.
OK thank you for your help.
0
reply
DCDCo
Badges: 13
Rep:
?
#4
Report 2 years ago
#4
I can only presume this is some type of mock-exam question owing to the amount of times this exact question has been posted on the board recently.
0
reply
Notoriety
Badges: 22
Rep:
?
#5
Report 2 years ago
#5
(Original post by DCDCo)
I can only presume this is some type of mock-exam question owing to the amount of times this exact question has been posted on the board recently.
You do sometimes see PQs in coursework, especially in first year (i.e. when criminal is usually taken). I know I had a PQ in contract and criminal CW.

(Original post by Jasaron)
When I see questions like this I wonder whether people studying law at uni actually look at their textbook/Westlaw/Lexis/lecture slides before asking for help.
The answer to this is almost certainly not. Well, I wouldn't rule out their looking at poorly written lecture notes and maybe a few bulletpoints off a slide. I doubt they look any further than that in a serious and considered way.


Look at the case of R v Whitta; it's all you need for this PQ. With regards to intoxication, look at DPP v Majewski as qualified/doubted by R v Heard.
If people read the judgements in full, indeed. I worry they wont. In that case, best look at the SOA statute (i.e. ss1-2, 74-76) and then look at the application of the principles.
1
reply
s.kh
Badges: 2
Rep:
?
#6
Report Thread starter 2 years ago
#6
The whole reason why I asked was because I just wanted to make sure I was on the right track... not much from lecture slides help because of industrial action etc.
0
reply
Notoriety
Badges: 22
Rep:
?
#7
Report 2 years ago
#7
(Original post by s.kh)
The whole reason why I asked was because I just wanted to make sure I was on the right track... not much from lecture slides help because of industrial action etc.
We have had someone else ask the same question, in a rather frantic way. As in, verbatim the same question as you. That could mean that there is a systemic issue with how the course has been taught, perhaps caused by the strikes. I would talk to peers (firstly when you're unsure about a question, this is always a good idea) and ask them if they understand. If enough of you say no, I would consider making a serious complaint with your uni. Might mean they mark your assignment with a 10-15% boost, which cannot harm.
0
reply
X

Quick Reply

Attached files
Write a reply...
Reply
new posts
Back
to top
Latest
My Feed

See more of what you like on
The Student Room

You can personalise what you see on TSR. Tell us a little about yourself to get started.

Personalise

What factors affect your mental health the most right now?

Anxiousness about lockdown easing (66)
4.61%
Uncertainty around my education (222)
15.49%
Uncertainty around my future career prospects (155)
10.82%
Lack of purpose or motivation (204)
14.24%
Lack of support system (eg. teachers, counsellors, delays in care) (62)
4.33%
Impact of lockdown on physical health (83)
5.79%
Loneliness (128)
8.93%
Financial worries (49)
3.42%
Concern about myself or my loves ones getting/having been ill (65)
4.54%
Exposure to negative news/social media (68)
4.75%
Lack of real life entertainment (74)
5.16%
Lack of confidence in making big life decisions (124)
8.65%
Worry about missed opportunities during the pandemic (133)
9.28%

Watched Threads

View All
Latest
My Feed