Chapter 4 - Sexual crimes

Question 1

Rape

Answer 1

Any person who unlawfully and intentionally commits an act of sexual penetration with a complainant without his or her consent is guilty of the offence of rape.

Question 2

Compelled Rape

Answer 2

Any person who unlawfully and intentionally compels a third person without his or her consent to commit an act of sexual penetration with a complainant without his or her consent is guilty of the offence of compelled rape.

Question 3

Sexual assault

Answer 3

A person who unlawfully and intentionally violates a complaint without their consent is guilty of the offence of sexual assault.

OR

A person who unlawfully and intentionally inspires the belief in a complainant that the y will be sexually violated is guilty of the offence of sexual assault.

Question 4

Compelled sexual assault

Answer 4

A person who unlawfully and intentionally compels a third person to commit an act of sexual violation with a complainant without their consent is guilty of the offence of compelled sexual assault

Question 5

Compelled self-sexual assault

Answer 5

1. A person who unlawfully and intentionally compels a complainant without their consent to engage in:

a. masturbation
b. any form of arousal or stimulation of a sexual nature of the female breasts or
c. sexually suggestive or lewd acts with themselves

2. Engage in any act which has or may have the effect of sexually arousing or degrading another person.
3. Cause another person to penetrate in any manner whatsoever her own genital organs or his or her anus, is guilty of the offence of compelled self-sexual assault.

Question 6

Incest

Answer 6

Persons who may not lawfully marry each other on account of consanguinity, affinity or an adoptive relationship and who intentionally engage in an act of sexual penetration with each other are, despite their mutual consent to engage in such act, guilty of the offence of incest.

Question 7

Bestiality

Answer 7

A person who unlawfully and intentionally commits an act

1. which causes penetration to any extent whatsoever by the genital organs of:
   (a) X into or beyond the mouth, genital organs or anus of an animal; or
   (b) An animal into or beyond the mouth, genital organs or anus of X,
2. of masturbation of an animal, unless such is committed for scientific reasons or breeding purposes, or of masturbation with an animal, is guilty of the offence of bestiality.

Question 8

Consensual sexual penetration of children

Answer 8

The elements of the crime are the following:

1. the commission of an act of sexual penetration
2. with a person 12 years or older but under the age of 16 years
3. unlawful
4. intention