Sex Crime Essay Example | Topics and Well Written Essays - 1500 words

Sex Crime - Essay Example "After a three-year period of consultation with those dealing with crimes and sexual offences, the Sexual Offences Act 2003 came into force on 1 May 2004" (The Office for Criminal Justice Reform, 2006, p.12). The sexual offences act, 2003 has revealed a detailed discussion as regards consent in regard to rape. The Law Lords overturned this common law idea that marriage means a man has a 'continual' consent from his wife for sexual activity at any time (R v. R [1992]). Thomas (2005) describes as "[t]his was later brought into statute in 1994, now in Sexual offences Act 2003" (p.11). The present paper is intended to justify whether the guidance of consent as provided in the said enactment is proper or warrants further explanation and amendment. The Sexual Offences Act, 2003 has been designed to make the process easier and convenient for prosecuting people who use physical force to others for having sex despite the unwillingness of the other party. The legislation provides that a person would not be charged with the offence if he or she intends to protect a child from sexually transmitted infection, from physical safety of the child or from becoming pregnant. The Sexual Offences Act 2003 has made a greater legal protection for victims by clarifying the law on consent. Section 1 of the Act states, a person commits an offence of rape if he intentionally penetrates to the vagina, anus or mouth of another person despite her reluctance. The phraseology "reasonable belief" as enunciated in section 1 is determined in regard to the particular context of a given circumstance. Section 74 of the Act defines consent as stating that a person is presumed to give consent if he agrees by choice, and has the freedom and capacity to make tha t choice. Section 75 provides a list of circumstances where it may be considered that the victim or complainant did not consent to the said sexual interaction. From a perusal of section 76, it is clear that if (a) the defendant intentionally deceive the complainant as to the nature or purpose of the relevant act; or (b) the defendant intentionally induce the complainant to consent to the relevant act, it is presumed that the victim did not give his or her consent. As per the provisions of section 79(2) penetration is a continuing act from entry to withdrawal and if the victim consents to penetration but withdraws consent after penetration, the accused must withdraw his penis immediately.Consent in the sexual offences ActConsent must be obtained peacefully and without the use of force or violence. If it is obtained by force, threat or inducement or any other unlawful means, said consent would be declared as void and illegal. The meaning of the term "consent" as given in the Sexual offence act, 2003 is an aiding tool for the juries in deciding whether the victim was able to give or did actually give his or her consent to the said sexual transaction. In this connection, the defendant must show that his belief in consent was reasonable and obtained in due manner and a jury must consider all the circumstances including any step which he has taken to ascertain in determining whether the vi