Definitions Flashcards
Sexual Violation
Person A rapes person B if person A
has sexual connection with person B
affected by penetration of person Bs
genitalia by person As penis.
Without person Bs consent
Nithout reasonable belief that person
B was consenting
Sexual Violation
Person A rapes person B if person A
has sexual connection with person B
affected by penetration of person Bs
genitalia by person As penis.
Without person Bs consent
Nithout reasonable belief that person
B was consenting
Consent
A persons conscious and voluntary
agreement to something desired or
proposed by another
Dependant family member.
A person is a dependent family
member of another person if
the other person has power or
authority over him/her
parent, step-parent, foster parent,
guardian, uncle or aunt or partner
to any of these people and had a
responsibility or significant role in
his/her care of upbringing
Must prove that the offender had one
of those roles set out and had power
or authority over the dependent
person.
Person
Accepted by judicial
notice or proved by
circumstantial evidence
Genitalia
The genitalia or genitals include the
penis and testicles of a male, and the
vulva and vagina of a female.
S2 Crimes Act 1961
Genitalia includes a surgically
constructed or reconstructed organ
analogous to naturally occurring
male or female genitalia (whether the
person concerned is male, female or of
indeterminate sex)
Unlawful sexual connection
Section 128(3) Crimes Act 1961
Person A has unlawful sexual
connection with person B if person A
has sexual connection with person B
(a) without person B’s consent to the
connection and
(b) without believing on reasonable
ground that person B consents to the
connection
Rape
S128(2) Crimes Act 1961
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
(a) without person B’s consent to the
connection and
(b) without believing on reasonable
ground that person B consents to the
connection
