| 释义 |
rape
n. Under the Sexual Offences Act 2003, a criminal offence in which a person (A) intentionally penetrates the vagina, anus, or mouth of another person (B) with his penis, where B does not consent to the penetration and where A does not reasonably believe that B consents. Whether A’s belief in B’s consent is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents. The mens rea element for rape in the 2003 Act sets a standard of negligence whereby the defendant’s honest but unreasonable belief in his victim’s consent will not negate liability. Formerly, the defendant’s honest belief in the victim’s consent would negate liability, irrespective of whether that belief was reasonable (DPP v Morgan [1976] AC 182 (HL)). The offence of rape, as defined under the 2003 Act, covers some activities criminalized as indecent assault under the former law (e.g. non-consensual penile–oral penetration) and some activities categorized as buggery under the former law (e.g. non-consensual penile–anal penetration). The maximum penalty for rape or attempted rape is life imprisonment, but this is rarely imposed. Owing to the requirement that rape be committed through penetration with a penis, it is clear that it can only be committed as a principal by a man; a woman can only be convicted of rape as an accessory (Ram v Ram [1893] 17 Cox CC 609). A husband can be convicted for raping his wife (R v R [1992] 1 AC 599) and a boy under the age of 14 may be convicted of rape (Sexual Offences Act 1993 s 1: formerly, boys of this age were deemed incapable of rape even if intercourse had taken place). A man or boy can be the victim of a rape. Compare assault by penetration; sexual assault. See also deception; impersonation. |