PRACTICE PROBLEM QUESTIONS-PROPERTY OFFENCES, ASSAULT, SEXUAL ASSAULT, INDECENT ASSAULT

Topics: Sleep, Sexual intercourse, Sleep apnea Pages: 3 (846 words) Published: January 2, 2014

PRACTICE PROBLEM QUESTIONS-PROPERTY OFFENCES, ASSAULT, SEXUAL ASSAULT, INDECENT ASSAULT

PROBLEM 1

Belinda is a former Law Extension Committee student. As a result of her outstanding marks, she obtained a job as a graduate Solicitor in the litigation department of the prestigious firm Lionel Hutz and Associates. She has been working at Lionel Hutz and Associates for the last six months. Belinda suffers from sleep apnoea, a condition she has never revealed to her employer for fear it may affect her career prospects. Her supervising partner is Graham. Graham suffers from depression, as his wife of 20 years recently left him for another woman.

Graham is attracted to Belinda. At office drinks one Friday night, Graham overhears Belinda’s colleague and flatmate, Jane, tell another person:

“I can’t believe Belinda. She told me that she would sleep with anyone to become a Partner at this firm. Even that old fart, Graham”.

At the next Friday night drinks, Graham seeks out Belinda, and spends most of the night talking to her. They consume a number of drinks, but are not intoxicated. One by one, the other staff members leave, until Graham and Belinda are alone. Graham places his hand on Belinda’s upper thigh, and says:

“There are many ways to get to the top in this business. I’ve been a partner here for 5 years, and I am the highest billing partner in the firm. Sometimes in the law, it’s not what you know, it’s who you know”.

Belinda replies:

“I know what you mean. I’ll do whatever it takes to become a Partner, even if it means working 20 hours a day, seven days a week”.

At this point, Belinda has an attack of sleep apnoea, and passes out. Graham thinks that she has passed out due to the alcoholic drinks she has consumed. He has sexual intercourse with Belinda while she is unconscious. When Belinda awakes she realises that she and Graham have had sex. Graham tells her:

“I don’t understand why I did that, but I thought...
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