Definitions

Question 1

Sexual connection

Answer 1

S2 CA61

Sexual connection means
Connection effected by the introduction into the genetalia or anus of one person otherwise than for genuine medical purpose of
A part of the body of another person
A object held or manipulated by another person

The connection between the mouth or tongue of one person and a part of another persons genetalia or anus

The continuation of connection of the above.

Question 2

Sexual violation

Answer 2

S128 (1) SEXUAL VIOLATION DEFINED
Sexual violation is the act of a person who
Rapes another person
Has unlawful sexual connection with another person

Question 3

Rape

Answer 3

128(2)
Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B’s genitalia by Person A’s penis.

Without person B’s consent to the connection

Without believing on reasonable grounds that person B consents to the connection

Question 4

Unlawful Sexual Connection

Answer 4

128(3)
Person A has unlawful sexual connection with person b if person A has sexual connection with person B
Without person B’s consent to the connection
Without believing on reasonable grounds that person B consents to the connection

Question 5

GENITALIA

Answer 5

Includes the penis and testicles of males and vagina and vulva of females. Includes surgically constructed organs.

Question 6

Penis

Answer 6

Male reproductive organ, includes surgically constructed organs regardless of gender

Question 7

CONSENT

Answer 7

Consent is a persons conscious a voluntary agreement to something proposed by another

Question 8

Subjective test -absence of consent

Answer 8

Whether the complainant was consenting is a subjective test from the complainants POV. i.e what was the complainant thinking at the time.
The crown must prove the complainant was not consenting to the sexual act at the time it occurred. It is not for the defence to prove she was consenting.

Question 9

Subjective test - belief in consent.

Answer 9

If it is established the complainant was not consenting the next question is did the defendant believe she was consenting at the time. Purely subjective test from the defendants POV ie what was he thinking at the time.

If he did believe she was consenting then a subjective test must be applied to determine whether there was a reasonable basis.

Question 10

OBJECTIVE TEST - Reasonable grounds for belief in consent

Answer 10

What Would a reasonable person in the same position have believed.

If a reasonable person in the same circumstances believed the complainant was consenting the jury may well acquit. If a reasonable person would not have believed she was consenting a jury is more likely to convict.

Question 11

ATTEMPTS

Answer 11

Intend to commit the offence
Take a real and substantial step towards achieving that aim, past the stage of preparation, and sufficiently proximate to the actual offence being committed.

Matter for discussion on a case by case basis.

Question 12

Intent

Answer 12

deliberate act to get a specific result.

Question 13

Assault

Answer 13

The act of intentionally applying or attempting to apply force directly to the person of another, directly or indirectly. Or by threatening 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 he has present ability to effect his purpose.

Question 14

INDECENT ASSAULT

Answer 14

DEFINED BY CASE LAW
R V LEESON
Indecent assault is an assault accompanied by circumstances of indecency

Question 15

INDECENCY

Answer 15

R V COURT
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.

Question 16

INCEST

Answer 16

• Sexual Connection is incest if
• It is between 2 people whose relationship is that of parent and child siblings halfsiblings or grandparent and grandchild
• And the person charged knows the relationship

Question 17

DEPENDANT FAMILY MEMBER

Answer 17

S131A
Dependant family member defined
A) For purpose of 131
A person is a dependant if
The other person has power or authority over him or her and is
A parent step parent or foster parent of a person described in 1 or
The spouse or defacto partner of a person described in 1

B) If they are members of the same family or family group
And the other person is not a person
Is not a person referred to in paragraph a
Has a responsibility for or significant role in his or her care or upbringing
OR
C) If he or she is living with the other person as a member of the others family and the other person is not a person referred to in a) but has power or authority over him or her and
D) A responsibility for or significant role in his or her care or upbringing.

Power or authority
Wide range of domestic relationships but broad enough to cover all copmplainants who are vulnerable. Police neeed to prove that the offender in addition to one of the roles set out (parent,stepparent etc) had power or authority.

Question 18

exploitive sexual connection

Answer 18

138 (3)
For the purpose of 1 and 2 a person has exploitive sexual connection if
Has sexual connection with a impaired person knowing the impaired person is a person with significant impairment.

Has obtained the impaired persons acquiescence in submission to, participation in or undertaking of the connection by taking advantage of the impairment.

Question 19

PERSON

Answer 19

The fact that the complainant is a person is accepted by and judicial notice and proved through circumstantial evidence .

Question 20

indecent ACT

Answer 20

s2(1B) CA 61
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.

Indecent act is accepted to be a act accompanied by circs of indecency
Indecent act includes indecently assaulting.

Question 21

Penetration

Answer 21

means to introduce into, introduction to the slightest degree is sufficient to effect penetration