Comparison of Rape and Indecent Assault

The assignment provides a detailed comparison of rape and indecent assault, highlighting their distinct characteristics and legal repercussions. It covers topics such as consent, penetration, and punishment for these crimes, providing insights into the complexities of these offenses. The document is well-researched and cites relevant sources to support its arguments.

NON FATAL OFFENCES AGAINST
THE PERSON

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
a. Features of common Assault...................................................................................................1
b. Features of Assault by Beating...............................................................................................1
c. Features of Assault occasioning Actual Bodily Harm............................................................2
TASK 2............................................................................................................................................3
a. Analysis of the features of Wounding and Assault occasioning Grievous Bodily Harm
without intent .............................................................................................................................3
b. Analysis of the features of Wounding and Assault occasioning Grievous Bodily Harm with
intent ...........................................................................................................................................3
TASK 3............................................................................................................................................4
a. Analysis of the features of rape...............................................................................................4
b. Analysis of the features of indecent assault............................................................................5
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Non-fatal offences are those attacks that occur directly through opponent and are
considered to be life threatening (Bettinson and BIshop, 2015). These can be unlawful touching,
rape, assaults etc. This report includes features of several types of assaults and their related
penalties. Apart from this, feature analysis of these malpractices will be conducted and
difference between rape as well as indecent attempts are depicted.
TASK 1
a. Features of common Assault
It is considered to be an offence that is committed through an individual who tends to
commit battery against other person, which is regarded to be touching someone without the
consent or permission of other individual. It can be regarded as use of several unlawful forces
that include pushing, slapping or even spitting on other individual. It is referred as the activities,
which are conducted by culprit that tends to make others feel threatened by the force that is
exerted on them. Examples can be raising of fists or making such gestures that can intentionally
create physical harm. Physical contact is not compulsory for making a person guilty for assault.
There are two types of ingredients that are followed under this offence including actus reus,
which involves kind of common assault, which is committed when person causes some degree of
possible injury or personal contact (Blake and Tarrant, 2015). Apart from this, mens rea is
considered to be that fear that is generated intentionally or even recklessly. In these cases, battery
is done as a result of actual contact.
Penalty that is served by guilty individuals for this is sentence of maximum 6 months or
some fines can be imposed on them. Imprisonment are given to those individuals who has
committed serious crime/injury to other individuals. It includes those kind of offenders who
already possess previous convictions related to crime or were presented in those attacks, which
were racially motivated.
b. Features of Assault by Beating
It is considered to be that kind of conduct, which comprises of providing physical harm
or any type of unwanted physical contact on person in accordance to some legal definitions. It is
a threat for committing such type of action. Assault by beating can be a crime as well as tort that
results in criminal or civil liability. Under this, person can use weapons and can conduct a
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planned assault, which includes head butting, stamping, kicking or even strangulations. This
practice can also involve those offences that are motivated through hostility towards a sexual
orientation of a person or associated ability and also abuse of certain trustable position
(Cunningham, 2017). It has been observed that common assaults that are mostly occurred in the
cases of domestic violence.
There are several penalties that are assigned for this act of crime is dependent upon
circumstances of particular offence under that has been conducted. If the result shows no serious
injuries, then fine is collected from the culprit or some conditional discharge that tends to be
imposed by the government. On the other side, when aggravated features are presented so that
court will impose some community order that comprises of making that person to work for hours
without being paid.
c. Features of Assault occasioning Actual Bodily Harm
In this type of mal practice, actual body harm is occurred to an individual and is
considered to be an offence under section 47 of the Act related to Offences against Person. It
provides the actual definition as well as liability of bodily harm that analyses all levels of harm,
which are included in these type of activities. ABH can be regarded as a kind of battery or
assault that includes physical harm of an individual. For applying the case of Actual Bodily
harm, it is very important to make sure that culprit was actually in an intention to harm other
person by providing him bite marks, bruises or scratches. The scenario must demonstrate that
application of unlawful forces to victim where there is no requirement for proving that it has
been an intention for causing actual bodily harm. Example for this situation can be, when an
individual is pushed through the chest and he fell backwards and hit the head on pavement then
here, offender will still be charged for conducting ABH.
For this, there are various penalties that are provided to the culprit that includes sentence
for maximum 5 years as well as enormous fine. If victim is regarded to be the first offender, then
fine or order of community would be assigned to that person. When offender has other previous
convictions than they are more likely to be liable for sentencing.
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TASK 2
a. Analysis of the features of Wounding and Assault occasioning Grievous Bodily Harm without
intent
GBH is considered to be a criminal offence that is provided in I Section 18 and 20 of the
act associated to Offences Against the Person. Under Section 18, it has been stated that if a
particular victim has suffered through a serious harm as an outcome of assault. This can include
some serious conduct such as stabbing through weapon. It includes no intention of harming other
individual. Wounding in this case can be regarded as breaking of the continuity of skin. In this
concept, offence can be conducted when an individual unlawfully or maliciously gets owned or
inflicts severe body harm upon other person (Manning, 2016). This can include injury that can
result in permanent disability, visible disfigurement or loss of sensory functions. Other aspect
can be broken bone and those wounds that can cause blood loss and psychiatric injury. Without
an intention, it can be regarded for those happenings whose outcomes were not expected by
culprit.
Under such circumstances, a person is equally liable for punishment and there can be
several fine, which can be imposed and apart from this, sentence for a particular time period can
be decided as a punishment. Imprisonment for such offences are provided on the basis of a
specific guideline according to the harm, which is sustained and culpability of culprit.
b. Analysis of the features of Wounding and Assault occasioning Grievous Bodily Harm with
intent
It is regarded to be the most serious offence related to violence and is known to be
wounding with intention. It is regarded to be indictable as it is dealt under Crown Court.
Punishment that is provided to them have some determining factors that can provide evidence to
particular intent. There are many factors, which can be included under this conduct such as
prepared attacks, which are already planned, wise use of selection for weapons, adaptation of
particular articles that can lead to cause injury, threats that are provided, usage of offensive
weapons or kicking hard on the head of victim. Apart from this, throwing of severe corrosive
fluid that can be considered as a serious concern. Crime is not based upon gravity of injury by
which the victim has faced; it is dependent upon evidences that supports planned conduct of
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these activities. Some of the factors that might indicate such intent and comprises of plans that
are performed for achieving some purpose.
There are various punishments, which are assigned for this misconduct that can lie under
two types of category; one is for 12 years and the other category is for 6 years. When the factors
indicate a very serious harm, then the first category of verdict is served to the culprit regarding
several reasons (Martin and Storey, 2015). Apart from this, appeal can be done to court that
holds the purpose, that are regarded to be behind his words such as whether the injury that has
occurred is conducted is related to particular offence. According to all those disparities that are
marked in starting determines the intensity of harm as well as violence which is done to the
victim. There are certain guidelines, provided to the court according to all evidences that can be
regarded and proved the act as a planned attack.
TASK 3
a. Analysis of the features of rape
It is considered as a sexual assault that usually involves intercourse which is performed
against the will of a person. There are various acts that conducted such as physical forces, abuse
of authority or coercion. It can also occur when the person is unconscious state, incapacitated or
possess intellectual disability and even does not fulfil the criteria of legal age related to consent.
Rape can be considered to be mostly committed by male individual. These victims can
be associated with wide range related to age, gender, ethnicities, sexual orientation, degree of
impairment or any kind of disability (Ormerod and Perry, 2017). These can be classified as a
wide variety according to the circumstances that has already conducted. Lack of consent is
regarded as a major key for defining this act. It leads to result in forcible compulsion done by
perpetrator. There are various factors which leads to motivate these kinds of activities such as
beliefs of family honour, attitude of entitlement given to males and weak sanctions of legal rules
against sexual violence. Apart from this, some other factors can be anger, sadism, power or
sexual gratification. Also, sexual aggression can be one of the major reasons, which is
considered to determine masculine identity about the characteristics of manhood and correlate it
as a desire among peer groups.
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In UK, it is considered to be statutory offence. In accordance to law, it is classified as an
Assault by Penetration. There have been strong legislations on the offence of rape which is
included in Sexual Offences Act 2003. From Section 1-4 of this particular act, it includes dealing
with severe sexual offences whose nature is non-consensual. Victim can be provided sentence
for minimum 8 years and maximum for a lifetime.
b. Analysis of the features of indecent assault
It is defined as an attempted battery which comprises of unwanted contacts that are done
with sexual intention. The culprit is accused of taking various liberties without the consent of
other individuals. Some of the sexual acts that are defined in the category of indecency is varied
by Jurisdiction. Generally, touching private parts of people can be regarded as indecent. Some of
the indecency can be comprised of groping and rubbing against someone particularly for sexual
gratification as well as touching other person on any parts of body in a way of conducting
intimacy (Ross, 2018). Apart from this, it can also include acts of indecency that leads an
individual to be in contact with faeces, seminal fluids or urine in accordance to the purpose of
sexual desire.
There are various kinds of punishment that have been decided for this act of crime. Some
of them are discussed below:
Sentence for Indecent Assault Charge- It includes imprisonment to victim for
minimum 8 years to maximum 12 years. It focusses on full detention of time in a corrective
manner.
Home detention- It is an alternative punishment for sentence as it includes strict
monitoring under supervision as well as subjected to electronic monitoring. The sentence is
provided at an address where culprit lives usually.
Community Service Order -It involves providing work to individual for which there is
no payment provided and is based on specific probation or parole (indecent assault, 2018).
Regular attendance is taken and provided a certain course like anger management.
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Difference between Rape and Indecent Assault
There are many variations in both these components as Indecent Assault can acquire
many forms which can be physically and emotionally damaging like rape. There are various
offences which can be treated in different manner (Simester and et.al., 2016). In the case of rape,
victim might have got penetrated into genitals, mouth or other parts without the consent while on
the other side, indecent assault is related to inappropriate touch on an individual without the
victim’s permission.
CONCLUSION
It has been concluded that there are various malpractices which are followed in society
such as assaults that are conducted on the basis of various acts as it can be with intention or
without it. Also, it led to create harm to other people as well as could be life threatening.
Therefore, several punishments were decided by the government for such conduct.
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REFERENCES
Books and Journals
Bettinson, V. and BIshop, C., 2015. Is the creation of a discrete offence of coercive control
necessary to combat domestic violence. N. Ir. Legal Q.. 66. p.179.
Blake, M. and Tarrant, S., 2015. The violation of principle and perpetuation of gender bias in the
Western Australian assault causing death offence. UW Austl. L. 40. p.415.
Cunningham, S., 2017. Driving Offences: Law, policy and practice. Routledge.
Demetriou, S., 2016. Not giving up the fight: a review of the Law Commission’s scoping report
on non-fatal offences against the person. The Journal of Criminal Law. 80(3). pp.188-
200.
Griffin, D., 2018. The Rise of Life Imprisonment. In Killing Time (pp. 39-61). Palgrave
Macmillan, Cham.
Manning, C., 2016. Old Laws, New Crimes: Challenges of Prosecuting Cybercrime in Ireland.
Martin, J. and Storey, T., 2015. Unlocking criminal law. Routledge.
Ormerod, D. and Perry, D. eds., 2017. Blackstone's Criminal Practice 2018. Oxford University
Press.
Ross, A., 2018. Workplace law: Recklessness leads to landmark WHS prosecution $900 K fine
for NSW category one offence. Proctor. 38(5). p.36.
Simester, A. P. and et.al., 2016. Simester and Sullivan's criminal law: theory and doctrine.
Bloomsbury Publishing.
Online
Indecent assault. 2018. [Online]. Available through:
<https://www.merriam-webster.com/dictionary/indecent%20assault>.
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