DEFINITION Flashcards
Briefly state what Sexual Violation is…
Non-consensual sexual connection with another person
128(1)
What are the two classes of sexual violation?
By rape
By Unlawful Sexual Connection
What is a brief definition of Rape
Non-consensual penetration of the complainant’s genitalia by the offender’s penis
Briefly state what Unlawful Sexual Connection is…
Any form of non-consensual penetration or oral connection with a person’s genitalia or anus.
Define:
Sexual Connection
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)
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?
Introduction to the slightest degree is enough to effect the connection. (No matter how slight or fleetimg).
Define Genitalia
Organs of generation that include
The penis and testicles and
The vulva and vagina
Any surgically constructions or reconstructions analogous to these.
Define Penis:
A Male sex organ, whether naturally occurring or an analogous construction.
Define what is meant by ‘Continuation’ in relation to sexual connection:
The Continuation of sexual connection after consent is withdrawn.
What are the two criterion for an ATTEMPT:
(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).
Define intent and give a supporting case law:
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.
Definition for Assault:
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.
Where is it defined that a child means a person under 12 years?
CA61 s132(6)(a)
(6) In this section,—
(a) child means a person under the age of 12 years
What is the case law for proof of age:
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.”
What is the definition of an Indecent Act On Another Person?
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.
What is the case law for the definition of Indecency?
R v Court
Indcencey means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
Where is it defined that a Young Person means a person under 16 years?
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)
131A:
An ‘Aunt’ is defined to include who?
Includes a half sister of one of the person’s parents
131A:
A ‘foster parent’ is defined to include-
A former foster parent
131A(2):
A ‘Guardian’ is defined as-
(a) Guardian by virtue of the Guardianship Act 1968 ir Children, Young Persons, and Their Families Act 1989; and
(b) includes a former guardian
131A(2):
A step parent is defined to include
A former step parent
131A(2):
Uncle is defined to include-
A half brother of the persons parent
138 Sexual Exploitation of a person with Significant Impairment.
How is ‘Significant Impairment’ defined?
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
Section 195A Fail to protect child
Define Frequent Contact?
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
Define: Victim
(Just the basic points)
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.
What is Sexual Conduct
(Eg. 131 Sexual Conduct with Dependent Family Member)
Sexual Conduct covers:
* Sexual Connection
* Indecent acts or assaults
