DEFINITION

Question 1

Briefly state what Sexual Violation is…

Answer 1

Non-consensual sexual connection with another person

Question 2

128(1)
What are the two classes of sexual violation?

Answer 2

By rape
By Unlawful Sexual Connection

Question 3

What is a brief definition of Rape

Answer 3

Non-consensual penetration of the complainant’s genitalia by the offender’s penis

Question 4

Briefly state what Unlawful Sexual Connection is…

Answer 4

Any form of non-consensual penetration or oral connection with a person’s genitalia or anus.

Question 5

Define:
Sexual Connection

Answer 5

CA61 s2

Sexual connection means-
(a) connection affected by the introduction into the genitalia or anus of one person, otherwise than for medical purposes, of-
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 6

Sexual Connection is defined in the Act, and the term ‘Introduction’ is used as a synonym to Penetration.

When Introduction or Penetration is committed, how much and for how long does it need to be to complete the offence?

Answer 6

Introduction to the slightest degree is enough to effect the connection. (No matter how slight or fleetimg).

Question 7

Define Genitalia

Answer 7

Organs of generation that include
The penis and testicles and
The vulva and vagina
Any surgically constructions or reconstructions analogous to these.

Question 8

Define Penis:

Answer 8

A Male sex organ, whether naturally occurring or an analogous construction.

Question 9

Define what is meant by ‘Continuation’ in relation to sexual connection:

Answer 9

The Continuation of sexual connection after consent is withdrawn.

Question 10

What are the two criterion for an ATTEMPT:

Answer 10

(1) Intent to commit the offence
(2) Take real and substantial steps towards achieving that aim. (Must be immediately or proximately connected to the offence).

Question 11

Define intent and give a supporting case law:

Answer 11

A deliberate act for a specific result.

Collister: Intent can be inferred from:
The offenders actions and words before during and after the offence
The nature of the act itself
And the surrounding circumstances.

Question 12

Definition for Assault:

Answer 12

Assault means:

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly.

Or, threatening by act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, the present ability to effect his purpose.

Question 13

Where is it defined that a child means a person under 12 years?

Answer 13

CA61 s132(6)(a)

(6) In this section,—
(a) child means a person under the age of 12 years

Question 14

What is the case law for proof of age:

Answer 14

R v Forrest and Forrest

“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”

Question 15

What is the definition of an Indecent Act On Another Person?

Answer 15

An ‘indecent act’ is generally accepted to be an act accompanied by circumstances of indecency.

Section 2, Crimes Act 1961
(1B) For the purposes of this Act, one person does an indecent act on another person whether he or she—
(a) does an indecent act with or on the other person; or
(b) induces or permits the other person to do an indecent act with or on him or her.

Question 16

What is the case law for the definition of Indecency?

Answer 16

R v Court

Indcencey means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.

Question 17

Where is it defined that a Young Person means a person under 16 years?

Answer 17

CA61 s134(6)(a)

(6) In this section,—
(a) Young Person a person under the age of 16 years

(Remember this will also cover a person under 12 years)

Question 18

131A:
An ‘Aunt’ is defined to include who?

Answer 18

Includes a half sister of one of the person’s parents

Question 19

131A:
A ‘foster parent’ is defined to include-

Answer 19

A former foster parent

Question 20

131A(2):
A ‘Guardian’ is defined as-

Answer 20

(a) Guardian by virtue of the Guardianship Act 1968 ir Children, Young Persons, and Their Families Act 1989; and
(b) includes a former guardian

Question 21

131A(2):
A step parent is defined to include

Answer 21

A former step parent

Question 22

131A(2):
Uncle is defined to include-

Answer 22

A half brother of the persons parent

Question 23

138 Sexual Exploitation of a person with Significant Impairment.

How is ‘Significant Impairment’ defined?

Answer 23

A person with intellectual, mental or physical impairment that significantly impairs the person’s capacity to either-

(a) Understand the NATURE of SEXUAL CONDUCT or
(b) understand the NATURE of DECISIONS about sexual conduct, or
(c) foresee the consequences of decisions about sexual conduct, or
(d) communicate decisions about sexual conduct

Question 24

Section 195A Fail to protect child

Define Frequent Contact?

Answer 24

Frequent Contact is a critical element to the charge. But, it is not defined. Prosecution will need to prove frequent contact but the jury will determine based on a matter of fact whether the threshold has been met

Question 25

Define: Victim

(Just the basic points)

Answer 25

A victim is someone who has incurred or had the following done to them by another person:
(Or a parent or guardian of a child suffering these):

(1) An offence committed, and
(2) Physical injury, emotional harm, loss, or damage to property

Also, any immediate family member of a person who dies or is made incapable through a crime committed against them.

Question 26

What is Sexual Conduct
(Eg. 131 Sexual Conduct with Dependent Family Member)

Answer 26

Sexual Conduct covers:
* Sexual Connection
* Indecent acts or assaults