Definitions Flashcards
Define rape
Rape is a form of sexual violation that involves the non-consensual penetration of the complainants genitalia by the offenders penis
Define unlawful sexual connection
Includes any form of non-consensual sexual connection other than rape.
- Penetration of a persons genetalia or anus by a part of another persons body
- Penetration of a person genitalia or anus by an object held or manipulated but another person
- Touching or a persons genitalia or anus by another persons mouth or tounge.
Define sexual violation
Sexual violation is the act of a person who rapes another person or has unlawful sexual connection with another person
Define sexual connection
Connection effected by the ‘introduction into’ the genitalia or anus of one person, otherwise then for genuine medical purposes of
i) A part of the body of another person or
ii) an object held or manipulated by another person or
Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
The continuation of the above.
Definition for introduction into/penetration
Introduction by the slightest degree
Intro into for UL connection
Penetration for rape
Define Genitalia
Reproductive organs and includes the penis and testicles of a male and the vulva and vagina of a female
Define penis
Forms part of the male genitalia and includes a surgically constructed or reconstructed organ
Define continuation
Captures situations where sexual activity is started consensually but then later withdrawn.
There is an obligation on a person to stop sexual activity when he realises the other person is or may be no longer willing.
Define consent
Consent is a persons consious and voluntary agreement to something desired or proposed by another
Define person
Gender neutral, proven by judical notice or circumstantial evidence
Define intent
There are two specific types of intent.
- To do a deliberate act; and
- Intent to produce a specific result
Define assault
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly or threatening by any act or gesture to apply such a force
Define indecent act
Generally accepted to be an act accompanied by circumstances of indecency
Includes;
- Offender does act on a child
- Child does act on the offender
- Act is mutual
Define dependent family member
- If a person has power or authority over him or her and is
i) parent, step parent, foster parent, guardian, uncle or aunt
ii) a parent, step parent or foster parent of a person in i)
iii) a child of his or her parent or step parent
iv) a spouse or de facto partner of a person listed in any of the above
Define grooming
Usually via internet and includes text messages and other forms of electronic communication.
The offence identifies and criminalises preparatory behavior at the point where steps are being taken to implement the grooming, but before the offender has had a real opportunity to sexually abuse the complainant.