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Rape In English Law
Rape is a statutory offence in England and Wales. The offence is created by section 1 of the Sexual Offences Act 2003: This definition notably has a narrower definition with other kinds of rape being covered by offences with other names. For example, if a victim is forcefully penetrated with an object other than a penis, this is classed as "Assault by Penetration" (section 2), and if the victim is made to penetrate another, the act can be prosecuted as "Causing a person to engage in sexual activity without consent" (section 4). "Intentionally", s.1(1)(a) See Intention (criminal law) Penetration, s.1(1)(a) & (b) See section 79(2). Meaning of expressions relating to parts of the body See sections 79(3) and (9) Consent, s.1(1)(b) & (c) & (2) This expression is defined by section 74. The evidential and conclusive presumptions created by sections 75 and 76 apply to this offence (s.1(3)). They must be read with section 77. "Rape by deception" (or "by fraud") The term " ...
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Statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ...
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Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference", the council "was not intended to be profit making except in so far as it was necessary to make it self-supporting." Working on this principle, the council applied in 1966 for registration to become an official charity under section 4 of the Charities Act 1960 ( ...
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William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, Justice (title), justice, and Tory (British political party), Tory politician most noted for his ''Commentaries on the Laws of England'', which became the best-known description of the doctrines of the English common law. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a Fellow of All Souls#Fellowships, fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone was involved heavily in university administration, becoming accountant, treasurer, and bursar on 28 November 1746, and Senior Bursar in 1750. Blackstone is considered responsible for completing the All Souls College Library, Codrington Libra ...
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Sir Matthew Hale
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and ...
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Wife
A wife (: wives) is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment; or until death, depending on the kind of marriage. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time. Etymology The word is of Germanic origin from the Proto-Germanic word ''wībam'', which translates into "woman". In Middle English, it had the form ''wif'', and in Old English ''wīf'', "woman or wife". It is related to Modern German ''Weib'' (woman, female), Danish ''viv'' (wife, usually poetic), and Dutch ''wijf'' (woman, generally pejorative, cf. ''bitch''). The original meaning of the phrase "wife" as simply "woman", unconnected with marriage or a husband/wife, is preserved in words such as "midwife", "goodwife", " fishwife" and " sp ...
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Sodomy
Sodomy (), also called buggery in British English, principally refers to either anal sex (but occasionally also oral sex) between people, or any Human sexual activity, sexual activity between a human and another animal (Zoophilia, bestiality). It may also mean any non-Human reproduction, procreative sexual activity (including Non-penetrative sex#Manual sex, manual sex). Originally the term ''sodomy'', which is derived from the story of Sodom and Gomorrah in the Book of Genesis, was commonly restricted to homosexual anal sex. Sodomy laws in many countries criminalized the behavior. In the Western world, many of these laws have been overturned or are routinely not enforced. A person who practices sodomy is sometimes referred to as a sodomite, a pejorative term. Terminology The term is derived from the Ecclesiastical Latin , "sin of Sodom", which in turn comes from the Ancient Greek word (Sódoma). Book of Genesis, Genesis (chapters 18–20) tells how God destroyed the sinful ...
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Sex Organ
A sex organ, also known as a reproductive organ, is a part of an organism that is involved in sexual reproduction. Sex organs constitute the primary sex characteristics of an organism. Sex organs are responsible for producing and transporting gametes, as well as facilitating fertilization and supporting the development and birth of offspring. Sex organs are found in many species of animals and plants, with their features varying depending on the species. Sex organs are typically differentiated into male and female types. In animals (including humans), the male sex organs include the testicles, epididymis, epididymides, and penis; the female sex organs include the clitoris, Ovary, ovaries, oviducts, and vagina. The testicle in the male and the ovary in the female are called the ''primary sex organs''. All other sex-related organs are known as ''secondary sex organs''. The outer parts are known as the genitals or external genitalia, visible at birth in both sexes, while the in ...
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Carnal Knowledge
Carnal knowledge is an archaic or legal euphemism for sexual intercourse. In modern statutes, the term "sexual penetration" is widely used, though with various definitions. Biblical source The term derives from ''carnal'', meaning "of the flesh", and the Biblical usage of the verb ''know/knew'', a euphemism for sexual conduct. One examples of this usage is in the first part of the Bible, the Book of Genesis, which describes how Adam and Eve conceived their first child: Also in Genesis is Lot's plea to the people of Sodom to whom he offered his virgin daughters, in place of his guests: Some translations translate the Hebrew expression more explicitly, undoing the euphemism for clarity to modern readers; for example, the New International Version translates the Hebrew phrase literally meaning "to know" as "to make love to" in Genesis 4:1, and as "to have sex with" in Genesis 19. Legal usage In criminal law, the term has had different meanings at different times and in diff ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. In many common law jurisdictions, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanors. Instead, crimes are classified by mode of trial as indictable offences, triable by jury, which are usually more serious, and summary offences, triable by summary procedure without a jury, which are usually less serious. In some civil law (legal system), civil law jurisdictions, such ...
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England
England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It shares Anglo-Scottish border, a land border with Scotland to the north and England–Wales border, another land border with Wales to the west, and is otherwise surrounded by the North Sea to the east, the English Channel to the south, the Celtic Sea to the south-west, and the Irish Sea to the west. Continental Europe lies to the south-east, and Ireland to the west. At the 2021 United Kingdom census, 2021 census, the population was 56,490,048. London is both List of urban areas in the United Kingdom, the largest city and the Capital city, capital. The area now called England was first inhabited by modern humans during the Upper Paleolithic. It takes its name from the Angles (tribe), Angles, a Germanic peoples, Germanic tribe who settled du ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Administration Of Justice Act 1982
Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal: the process of dealing with or controlling things or people. ** Administrative assistant, traditionally known as a secretary, or also known as an administrative officer, administrative support specialist, or management assistant: a person whose work consists of supporting management ** Administration (government), management in or of government, the management of public affairs; government. *** Administrative division, a term for an administrative region within a country that is created for the purpose of managing of land and the affairs of people. ** Academic administration, a branch of an academic institution responsible for the maintenance and supervision of the institution ** Arts administration, a field that concerns business operations around an art organization ** Business administration, the performance or management of business operations *** Ba ...
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