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Chapter

Cover Complete Criminal Law

9. Sexual offences  

This chapter examines key types of sexual offence in England and Wales contained in the Sexual Offences Act 2003. These include rape, assault by penetration, sexual assault, and causing sexual activity without consent. The chapter discusses the key elements of these offences, analyses the social context of rape, and investigates the reasons behind the low conviction rates for rape cases. It explains the principles of the actus reus and mens rea elements of sexual offences, considers marital rape, and also provides examples of several relevant cases and analyses the bases of court decisions in each of them.

Chapter

Cover Essential Cases: Criminal Law

Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v McNally [2013] EWCA Crim 1051, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney-General’s Reference (No. 1 of 2022) [2020] EWCA Crim 1665, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v McNally [2013] EWCA Crim 1051, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v McNally [2013] EWCA Crim 1051, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Book

Cover Criminal Law
This edition of Criminal Law: Text, Cases, and Materials offers an exceptional depth of analysis and a wealth of cases and materials all set within the theoretical context of criminal law. The two-part structure of each chapter in the book—the first part explaining the law as it is, the second examining the theoretical aspects—ensures that readers not only gain a secure understanding of the law itself but also acquire a fundamental appreciation of the surrounding philosophical and ethical debates. The book looks at actus reus and mens rea and at strict liability. The book also examines homicide; non-fatal non-sexual offences; sexual offences; theft, handling, and robbery; and fraud. It further analyses issues relating to burglary and blackmail, criminal damage, defences, and, finally, considers the criminal liability of corporations, inchoate offences, and complicity.

Chapter

Cover Essential Cases: Criminal Law

R v Bree [2007] EWCA Crim 804, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v SD [2008] EWCA Crim 527, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Bree [2007] EWCA Crim 804, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Lawrance [2020] EWCA Crim 971, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lawrance [2020] EWCA Crim 971, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v SD [2008] EWCA Crim 527, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v B (MA) [2008] EWCA Crim 3, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Book

Cover Criminal Law

Michael Allen and Ian Edwards

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

Chapter

Cover Ashworth's Principles of Criminal Law

9. Non-Fatal Violations of the Person  

This chapter discusses two main forms of physical violation: the use of physical force, and sexual interference. The first part covers non-fatal physical offences (offences against the person), including the contested question of the limits of consent, and possible reforms of the law. There have been numerous recommendations for reform of this area of the law, including Law Commission proposals in the recent past. The second part is devoted to the law of sexual offences under the Sexual Offences Act 2003, focusing on the main offences and the definition of consent. It concludes with a review of the law’s successes and failures. Arguably, while the law’s basic definition of rape is much improved, the 2003 Act falls down in relation to many other problems that it was meant to solve.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

11. Sexual offences  

This chapter examines the law governing sexual offences found in the Sexual Offences Act 2003, focusing on non-consensual offences. Some of the controversies examined include the following: Parliament’s failure to define core elements of the offences, such as ‘consent’ and ‘sexual’ and the attempts by the courts to fill these lacunae; whether a deception perpetrated by the defendant necessarily vitiates the complainant’s consent; and the overly wide breadth of some of the offences.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

17. Sexual offences  

David Ormerod and Karl Laird

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

8. Rape and other sexual offences  

David Ormerod and John Child

This chapter deals with sexual offences which criminalise the accused’s invasion of the victim’s sexual—as opposed to simply physical—autonomy. Sexual offences are almost entirely codified within a single statute, the Sexual Offences Act 2003 (SOA 2003). The chapter first considers the relevant provisions of the SOA 2003 with respect to rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent. It then turns to sexual offences against children under 13 and children under 16, as well as status-based and relationship-based sexual offences. The final sections of the chapter outline potential options for legal reform and the application of the offences within the SOA 2003 to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

8. Rape and other sexual offences  

This chapter deals with sexual offences which criminalise the accused’s invasion of the victim’s sexual—as opposed to simply physical—autonomy. Sexual offences are almost entirely codified within a single statute, the Sexual Offences Act 2003 (SOA 2003). The chapter first considers the relevant provisions of the SOA 2003 with respect to rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent. It then turns to sexual offences against children under 13 and children under 16, as well as status-based and relationship-based sexual offences. The final sections of the chapter outline potential options for legal reform and the application of the offences within the SOA 2003 to problem facts. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Criminal Law Directions

8. Sexual offences  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the main sexual offences, including rape, assault by penetration, sexual assault, and intentionally causing a person to engage in sexual activity. It considers the defence of consent in sexual offences and the statutory presumptions relating to consent. Finally, it explores sexual offences committed against children, including rape of a child under 13, assault of a child under 13 by penetration, sexual assault of a child under 13, and causing or inciting a child under 13 to engage in sexual activity.