Definitions Flashcards
“A person”
Definition:
Generally accepted by judicial notice or proved by circumstantial evidence.
“Rapes”
Definition:
Person A rapes Person B, if Person A has sexual connection with Person B effected by penetration of Person B’s genitalia by Person A’s penis.
a) without Person B’s consent
b) without believing on reasonable grounds person B was consenting to the connection.
“Penetration”
Definition:
Introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by:
- Complainants’ evidence
- Medical examination
- Defendants’ admissions.
“Sexual Connection”
Definition:
a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes.
i) a part of the body of another person or
ii) an object held or manipulated by another person
b) Connection between the mouth or tongue of one person and a part of another persons genitalia or anus.
c) The continuation of connection described in paragraph a or b.
“Genitalia”
The genitalia or genitals (literally: organs of generation) include the penis and testicles of a male, and the vulva and vagina of a female.
The wider statutory definition also includes surgically constructed or reconstructed genitalia to allow for offences involving trans-gender individuals.
R v Koroheke
“The genitalia comprise of reproductive organs, interior and exterior….. they include the vulva and the labia, both interior and exterior, at the opening of the vagina.”
“Consent”
Definition:
A persons’ unconscious and voluntary agreement to something desired and proposed by another.
R v Cook
“Real, genuine or true consent, may be conveyed by words or conduct or both”.
R v Cox
“Full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment”.
R v Gutuama
“No reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”.
In regards to consent the Crown must prove:
Subjective Test
- The complainant did not consent to the act, and
- The offender did not believe the complainant was consenting, or
Objective Test
- If he did believe she was consenting, the grounds for such a belief were not reasonable.
“Intent”
Definition:
A deliberate act to achieve a specific result.
R v Collister
“Circumstantial evidence from which an offender’s intent may be inferred can include:”
- The offender’s actions and words before, during and after the event
- The surrounding circumstances
- The nature of the act itself.
“Assault”
Definition:
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 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, present ability to effect his purpose.
Fact:
The assault need not be of an indecent nature provided it is done with the intention of, and for the purpose of committing sexual violation.
“Attempts”
To be guilty of an attempt to commit an offence a person must:
- Intend to commit the offence, and
- Take a real and substantial step towards achieving that aim.
R v Harpur
“An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”.
R v Harpur (2)
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops …the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative.”
“Indecency”
R v Court
“Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
“Indecent”
Definition:
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
R v Leeson
“The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency …”
“Child”
Definition:
A person under the age of 12.
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.”
“Young Person”
Definition:
A person under the age of 16.
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.”
“Sexual Violation”
Definition:
1) Sexual Violation is the act of a person who
a) Rapes another person, or
b) has unlawful sexual connection with another person
