LAW ESSAY

Law Essay



Law Essay

Introduction

Duncan is charged with assault by digital penetration of Claire (contrary to S. 2(1) of the Sexual Offences Act 2003). Duncan pleads not guilty and pleads the defence of consent. Duncan and Claire met one evening in a bar, when Claire (aged 39) struck up a conversation with Duncan about football. It is not contested by the complainant that she agreed to go with Duncan (aged 19) to his house for a drink. In this case Claire claimed that Duncan has been assaulted sexually by Duncan. At trial Duncan said that on the evening in question the two of them were getting increasingly drunk and were flirting with each other. Claire also mentioned that she is committed and she is enjoying her life. Duncan also has one previous conviction for sexual assault.

Issues

It can be easily seen that the above case is regarding sexual assault which both of them were drunk. Sexual assault is an abuse of your rights. Women and children are most often the victims of sexual assault and men are almost always responsible (the perpetrators).Sexual assault is any unwanted sexual behaviour that causes humiliation, pain, fear or intimidation. It includes rape, incest, child abuse, and unwanted kissing and touching. It includes behaviour that does not involve actual touching. For example, forcing someone to watch pornography or masturbation is also sexual assault. Some behaviours may not be criminal, such as unwanted sexual comments and staring.

Sexual assault occurs most commonly among women in late adolescence and early adulthood, although infants, as well as women in their 80s, have been raped (Crowell and Burgess 1996). Most sexual assaults that are reported to the police occur between strangers. These assaults, however, represent only a small proportion of all sexual assaults. At least 80 percent of sexual assaults occur among persons who know each other (Crowell and Burgess 1996).

Several studies in various populations have attempted to identify "typical" characteristics of sexual assault. Among college students, a typical sexual assault occurs on a date, at either the man's or the woman's home, and is preceded by consensual kissing. In addition, the assault involves a single assailant who uses no weapon, but twists the woman's arm or holds her down. The woman, who believes that she has clearly emphasized her nonconsent, tries to resist through reasoning and by physically struggling (Koss 1988).

In a representative community sample, the typical sexual assault scenario involved a woman who was assaulted by a single assailant who was either an acquaintance or a friend and who used both verbal and physical pressure, which the woman tried to resist (Sorenson et al. 1987).

Although alcohol-involved and non-alcohol-involved sexual assaults share many characteristics, some differences exist. For example, sexual assaults involving alcohol consumption are more likely than other sexual assaults to occur between men and women who do not know each other well (e.g., strangers, acquaintances, or casual dates as opposed to steady dates or spouses). Furthermore, alcohol-involved sexual assaults tend to occur at parties or ...