I am appointed as the solicitor of Mr. Suprendo and in this brief; certain grounds have been prepared by me that can use as a defence for him. Mr. Suprendo is a hypnotherapist and operating his business in Yorktown. One of his client Bella Mondi had alleged that he committed rape, published false advertisement and threatened her to assault. After studying the facts of the case, certain things have been cropped up. It is important to assess the criminal liability of Mr. Suprendo. Criminal liability can assess through the intention, recklessness and acts of the offender. However, it is important to discuss all the legal issues and legal provisions relating to the case and criminal liability of Mr. Suprendo.
The legal issues arising from the case are:
- Whether Mr. Suprendo had committed rape or not.
- Whether he can be liable for threat and criminal intimidation or not.
- Whether he can be liable for false advertisement or not.
- Whether there are any evidences collected that supports the allegations of Bella Mondi or not.
According to Sexual Offence Act 2003, if any person intentionally and forcibly commits sexual intercourse to a person, he will be charged under the offence of rape. The crime relating to rape is under the criteria of statutory offence in England and Wales. According to section 4 of the Act, if a person forced another to engage him or her in sexual intercourse, he will be liable for commit rape. In R v Linekar, the Court of Appeal was pleased to state that if any person engaged physically with another by deception, he or she will be held liable under the provision of rape in Sexual Offence Act 1956; however, the provision has been repealed in Sexual Offence Act 2003. In R v Millberry  EWCA Crim 2891, it has been decided by the Court that the degree of harm and risk posed to the society should be assessed in case of rape. However, proper evidences are required in this case.
The second issue is dealt by Public Order Act 1986. If a person put another into the fear of harm or bodily injury, he will be liable under the offence of threat and criminal intimidation. It is not important whether the victim was frightened or not. According to section 4 of the Act, intimidation or threat is sort of anti-social behaviour and it can be done either consciously or unconsciously. It has also been mentioned under the law that if any person put other on fear for stopping him or her to take certain action, he will be liable for threat.
The third issue attracts the provision of the Advertising Codes of Practice. According to the code, if a person or organisation will publish any statement to deceive others and earn illegal gain, he or it will be liable under the provision of the said code of practice.
Considering the above noted issues, certain legal provisions have been come into the discussion. Regarding the first issue, Sexual Offence Act 2003 has been applied. The provision of rape is a part of this section. However, the provision of rape by deception has been repealed in the newly amended provision of 2003. The main reason behind the same is that the concept on consent has been changed through certain subsequent case laws.
On the other hand, Public Order Act 1986 is dealing with the second issue. The terms criminal intimidation and threat are the two legal provisions under this Act. Besides, Criminal Justice and Public Order Act 1994 is also discussed with these provisions. The word threat has been defined under section 4 of this Act.
The last issue has been dealt by Advertisement Code of Conduct.
It has been alleged by Bella Mondi that Mr. Suprendo had hypnotised her and after that, he had assaulted her physically and did intercourse with her forcibly. It has been alleged that she was not in condition to move a bit or resisted him. According to her testimony, Mr. Suprendo asked her to come in a hotel and he hypnotised her with certain illegal motive.
However, there are certain loopholes present in the testimony of Bella Mondi. First of all, the allegations made against Mr. Suprendo are nothing but concocting stories. The basis of the allegations and the facts has no significance. It is not true that Mr. Suprendo called her to the hotel room; rather Bella Mondi met Mr. Suprendo at a party. She was in drunken condition and borrows the cell phone of Suprendo, as she pretended to lose her room key. She made a call to the receptionist and after unlocking the door, invited Mr. Suprendo inside the room. After a certain period, she tried to arouse Mr. Suprendo. When she got a negative response from him, she became angry and made false allegations against him. On this basis, it can be stated that there was no mens rea present in the act of Mr. Suprendo.
First of all, semen has not been found in any part of the room. The condition of the room was quite good and no troubling mark has been observed in the room. No forceful mark in the clitoris has been found in the medical report and the hotel authorities were also unaware about the incident.
However, the provision of strict liability requires no mens rea on mandatory basis. The liability of the offender depends on the recklessness and intentions of the offender. However, both the elements are absent in this case.
To sum up, it has been understood that the allegation made by Bella Mondi is required to be verified. There are certain provisions that are needed to be examined. It has been stated by her that Mr. Suprendo raped her after hypnotised her in a deserted hotel, which is not supported by hard evidences. Additionally, the threat that generated by Mr. Suprendo is also required to be proved and the actions taken by the hotel authority are also to be judged. There is no criminal liability present in case of Mr. Suprendo.
Bartol, Anne M., and Curt R. Bartol. Criminal behavior: A psychological approach. Boston: Pearson, c2014. xxiii, 644 pages: illustrations; 24 cm., 2014.
Bhamjee, Suhayfa, Zaynab Essack, and Ann Elaine Strode. "Amendments to the Sexual Offences Act dealing with consensual underage sex: Implications for doctors and researchers." SAMJ: South African Medical Journal 106.3 (2016): 256-259.
Cunningham, Sally. Criminal liability for non-aggressive death. Routledge, 2016.
Dinos, Sokratis, et al. "A systematic review of juries' assessment of rape victims: Do rape myths impact on juror decision-making?." International Journal of Law, Crime and Justice 43.1 (2015): 36-49.
Green, Stuart P. "What Are the Sexual Offences?." (2015).
Javaid, Aliraza. "Male rape, stereotypes, and unmet needs: Hindering recovery, perpetuating silence." Violence and gender 3.1 (2016): 7-13.
Kingston, Sarah, and Terry Thomas. "The police, sex work, and Section 14 of the Policing and Crime Act 2009." The Howard Journal of Crime and Justice 53.3 (2014): 255-269.
McManus, Michelle Ann, et al. "Factors associated with contact child sexual abuse in a sample of indecent image offenders." Journal of Sexual Aggression 21.3 (2015): 368-384.
Reiman, Jeffrey, and Paul Leighton. The rich get richer and the poor get prison: Ideology, class, and criminal justice. Routledge, 2015.
Rozehnal, Aleš. "False and comparative advertisment." ?????????-???????????? ????? 2 (2014).
Worrall, Anne. Punishment in the community: The future of criminal justice. Routledge, 2014.