Criminal Law Case Study: Sexual Offence and Consent

This case study analyzes a criminal law scenario involving Dallus and Veronica. Dallus, using a false online profile, misrepresented himself to Veronica, leading to a sexual encounter. The analysis examines the issue of misrepresentation, consent, and the application of the Sexual Offence Act. The assignment applies the IRAC method to explore the relevant rules, including Mens Rea (intention) and Actus Reus (the act), specifically focusing on the absence of consent and penetration. The conclusion suggests that Dallus could face charges related to providing false information and rape, with potential penalties including imprisonment. The assignment highlights the importance of consent in sexual encounters and the legal consequences of misrepresentation.

Criminal Law

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
Issue.............................................................................................................................................3
Rules............................................................................................................................................3
Application..................................................................................................................................4
Conclusion...................................................................................................................................5
CONCLUSION................................................................................................................................5
REFERENCES................................................................................................................................5

INTRODUCTION
Criminal Law can be defined as law and regulation which relates with criminal activity. It is
necessary to understand that in any of the situation laws and regulations must be followed as
there are serious nature of penalty which can be imposed upon defaulter. The main purpose of
commencement of this law is to regulate all of the criminal activity which are perform by
individual or group for personal benefit. In context of the file, one of the case study will be
solved with the help of IRAC format. Here, case study is related with criminal offence.
MAIN BODY
Issue
The case relates with Dallus and Veronica where Dallus was an old man who sign up in one of
the online dating sites. He provided some of those information which are not relevant to the real
life as he informed that he is a 35 years old where his height is 5.9 ft. In addition, he works as an
interior designer in Guernsey in London. Now, the issue is that he had started to have a
conversation with Veronica and even he didn’t give her the real information about him. After
having a genuine conversation for number of time they had agreed on having sexual encounter.
After having the sexual encounter, Veronica found that Dallus has given her a false information
and not she had filed a case against Dallus as she was raped by him.
Rules
Sexual Offence Act: It is one of the law which is simply explains that any of the person
should not take any of those decision due to which other people has to suffer and if in any of the
condition they do that then it will fall under the category of criminal offence. Similarly, law and
regulation says that any of the person should not have a sexual encounter without having a
consent with opposite gender and if they fail to do so then criminal liability will arise in it.
Sexual offence comprises number of crimes such as rape, assault by penetration, sexual assault
and many more. There are mainly two different things which is mainly focused i.e., Mens Rea
and Actus Reus. Before that, section 1 of Sexual Offence Act, 2003 explains that rape can be
defined as intentionally penetrate the another person, or not having any of the legal consent of
opposite gender or providing the false information for the purpose of fulfilment of personal

desire1. In simple words, rape can be explained as the process where people forcefully tries to
take those decision for personal benefit due to which other people has to suffer.
Mens Rea:
Intention to Penetrate: It is said that particular situation where act of penetration is
either deliberate or voluntary. One of the famous case which is related within intention to
penetrate is between R v Heard 2008.
No Reasonable Belief in Consent: It is the situation where conviction in the case which
simply explain that involving alleged crimes involving the sexual contact. Here defendant has to
prove that that he had no reasonable belief that the consent had been given by the complaint.
Actus Reus
Penetration: This part of Actus Reus explains that offence of rape can be performed only
by the side of man only. The word intercourse may not merely extend to original penetration but
it is a continuing act from entrance to discontinuation (s 79(2)).
Absence of Consent: It is that particular situation which explains that person had not
taken the consent regarding the sexual encounter or any of the false information has been
provided by the defaulter in it. As per section 74, person consent is obtained I that particular
situation where he or she get agree to have a sexual intercourse. Also, all of the information must
be provided which hiding any of the facts. R v Kirk [2008] EWCA Crim 434, is one of the
landmark case for this particular situation2.
Application
After analysing the case issue and the applicable rules and regulation, it is necessary to
understand that any of the person should not hide any of the personal information about them
because that may create issues for them. Here, in the above case, it was seen that the information
which was provided by Dallus were completely against the laws and policies. It is mandatory to
provide fair information. This simply shows the intention of the party that his main intention was
1 Patrick Tomlin, 'Duffing Up The Criminal Law?' [2019] Criminal Law and
Philosophy.
2 Alec Walen, 'Criminal Law And Penal Law: The Wrongness Constraint And A
Complementary Forfeiture Model' [2019] Criminal Law and Philosophy.

just to have a sexual encounter through social dating sites. It was Dallus who must have made
clear in beginning about his biography because that might not have created any of the problem.
As per mens rea, the main intention of Dallus was just to have a sexual encounter. On the other
side, actus reus, says that in this particular case there was an absence of consent and situation of
penetration was also there.
Conclusion
After analysing the application section, it is necessary to understand that the allegation of
rape which has been imposed upon Dallus can be easily proved because of the bio which he has
made within the social dating site. Here, to different case will be filed against him in which
present a false information where imprisonment of 2 years can be imposed and secondly, there
will be the penalty for rape case as well3. In this particular case penalty of short time period or
for lift period of time can be imposed upon the defaulter.
CONCLUSION
From the above discussion, it can be concluded that criminal law is one of the most
important law because it directly or indirectly allows to give punishment to the one who perform
wrong activity. It is necessary that laws and regulations which has been formed must be followed
and if any one fails to do so then legal penalty can be imposed. In addition, whenever any of the
person tries to have sexual encounter then consent should be there because if person fails to
obtain consent then they may fall into bigger nature of problem.
REFERENCES
Book & Journals
Tomlin P, 'Duffing Up The Criminal Law?' [2019] Criminal Law and Philosophy
Walen A, 'Criminal Law And Penal Law: The Wrongness Constraint And A Complementary
Forfeiture Model' [2019] Criminal Law and Philosophy
Lee Y, 'What Is Philosophy Of Criminal Law?' (2013) 8 Criminal Law and Philosophy
3 Youngjae Lee, 'What Is Philosophy Of Criminal Law?' (2013) 8 Criminal Law and
Philosophy.