Rape meaning

In this issue: Key developments UK immigration control: how it works Sponsored work Students Long residence, discretion and human rights Challenging immigration decisions and enforcement Preventing illegal working Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Our Immigration calendar highlights forthcoming developments of relevance to business immigration advisers. UK immigration control: how it works Government publishes new Attorney General’s legal risk guidance The Attorney General, Lord Hermer KC, has released updated guidance for government lawyers on assessing legal risk. Mirroring the position he outlined in last month’s Bingham lecture, the revision gives greater prominence to the rule of law within government and to international law. Aimed at lawyers advising across government, the October update is intended to raise the bar for judging legality, encouraging the thousands of talented lawyers working throughout government to offer full, frank advice to him and other ministers, and to champion...

In this issue: Private children Public children Medical treatment LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q&As Useful information Private children Contact (Re M (Children: Contact in Prison)) In Re M (Children: Contact in Prison) [2024] EWCA Civ 1104, [2024] All ER (D) 43 (Sep), the Court of Appeal allowed the appellant mother’s challenge to an order that had permitted only limited contact between the two children and the imprisoned respondent (the father). Both parents were police officers. After their separation, the mother left the family home with the children. The father subsequently began a relationship with another officer. The mother and children later returned to the home for a time, during which the father raped the mother on two occasions. Extensive proceedings in the Family Court followed regarding the father’s contact with the children. He was convicted of two offences of rape and did not accept those convictions. The...

Hora v United Kingdom (Application no 1048/20) Background In 2007, Michael Hora was found guilty of two rapes and a sexual assault; he had earlier, in 2000, received a rape conviction. The court imposed an indeterminate sentence for public protection, setting a minimum tariff of four years. Although that tariff ended in 2011, he remains in custody, the Parole Board having declined to order his release (para 5 of the judgment). At the general election on 12 December 2019, section 3 of the Representation of the People Act 1983 prevented him from voting; that provision excludes convicted prisoners serving custodial terms from the franchise (paras 6, 27). He brought a complaint in Strasbourg, asserting that this breached his right to free elections under Article 3 of Protocol No 1, relying on Hirst v UK (No 2) and subsequent authorities. The government argued that the restriction was proportionate, highlighting the gravity of his offences, his reoffending, and his ongoing detention for public protection (para 107)...

The old law and the new law of rape This Practice Note refers to both the former and the current law on rape. The earlier regime is split into three eras, determined by the date the offence occurred: 1 January 1957 to 21 December 1976: governed by section 1 of the Sexual Offences Act 1956 (SOA 1956), later amended by the Sexual Offences Act 1967 in relation to homosexual acts 22 December 1976 to 2 November 1994: covered by section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1976) 3 November 1994 to 30 April 2004: subject to SOA 1956, section 1, as modified by the Criminal Justice and Public Order Act 1994 (CJPOA 1994) The new framework applies from 1 May 2004 onwards, capturing offences under section 1 of the Sexual Offences Act 2003 (SOA 2003). Despite this, the previous law can remain pertinent where allegations are historical...

The Sentencing Council (SC) produces guidance on sentencing for courts in England and Wales in the form of offence specific sentencing guidelines for use in the magistrates’ court and the Crown Court. This Practice Note examines how sentences are determined for the offence of rape contrary to section 1 of the Sexual Offences Act 2003 (SOA 2003), and for rape of a child under 13 contrary to SOA 2003, section 5. Be aware that the SC has also issued guidance on sentencing historic sexual offences arising under pre‑SOA 2003 legislation, available to access via the SC’s website. For details of the constituent elements of rape under SOA 2003, section 1, refer to Practice Note: Rape. For further detailed guidance regarding the sentencing of sexual offences other than rape, please consult Practice Note: Sentencing guidelines for sexual offences...

This Practice Note outlines examples of employment discrimination judgments based on the protected characteristic of philosophical belief, centring on gender-critical and/or gender identity beliefs. The decisions are arranged in approximate chronological order. For additional detail on the protected characteristic of religious or philosophical belief, see Practice Note: Religion or belief. Forstater v CGD Europe In Forstater, the claimant, a researcher and writer, engaged with the respondents through consultancy agreements. She posted tweets about proposed reforms to the Gender Recognition Act 2004 (GRA 2004) that would allow individuals to self-identify their gender. Some members of staff at the respondents raised objections, describing the tweets as transphobic. When her consultancy engagements were not extended, Ms Forstater maintained that this was due to the gender-critical views she had expressed. She brought employment tribunal claims alleging direct discrimination on the basis of a philosophical belief, together with indirect sex discrimination. In 2019, the London Central Employment Tribunal initially concluded that the specific belief that a person’s ‘sex’ is a material reality which...