Definitions

Question 1

Sexual violation

Answer 1

Is non-consensual sexual connection with another person

Question 2

Rape

Answer 2

Is a specific form of sexual violation that involves the non-consensual penetration of the complaints genitalia by the offenders penis

Question 3

Unlawful sexual connection

Answer 3

Has a wider meaning, and includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus.

Question 4

Sexual connection means

Answer 4

a) connection effected by the introduction into the genitalia or anus of one person, otherwise than 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

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 describe in paragraph a or b.

Question 5

Introduction into

Answer 5

In the definition of sexual connection

Question 6

Penetration

Answer 6

In the definition of rape

Question 7

Genitalia or genitals

Answer 7

Includes the penis and testicles of a male, and the vulva and vagina of a female.

The wider definition includes surgically constructed or reconstructed genitalia to allow for offences involving transgender individuals.

Question 8

Penis

Answer 8

Forms part of the male genitalia, however again the legislation encompasses transgender individuals.

Question 9

Anus

Answer 9

Is not included within the definition of genitalia, and therfore non-consensual penile penetration of the anus is not rape.

Most appropriate charge sexual violation by unlawful sexual connection under s128(1)(b)

Question 10

Object held or manipulated

Answer 10

Applies to anything, other than a part of his body, used by the offender to penetrate the complainant genitalia or anus.

Question 11

Genuine medical purposes

Answer 11

Some medical procedures involve penetration of a patients genitalia or anus by a doctor.

Question 12

Mouth or tongue

Answer 12

Any touching of a persons genitalia or anus with another person’s mouth or tongue is sufficient.

Question 13

Continuation

Answer 13

Of such acts, capturing situations where sexual activity is started consensually, but consent is later withdrawn.

There is a obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing - failure to do so may render a previously consensual act unlawful.

Question 14

Consent (subjective/objective test)
The Crown must prove:

Answer 14

• the complainant did not consent to the sexual activity (a subjective test), and
• the offender did not believe the complainant was consenting (a subjective test), or
• if he did believe she was consenting, the ground for such a belief were reasonable (and objective test).

Question 15

Consent

Answer 15

Is a persons conscious and voluntary agreement to something desired or proposed by another.

Question 16

Recklessness as to consent

Answer 16

Whether the complainant is consenting or not is not consistent with having reasonable belief in consent.

Question 17

When consent is relevant

Answer 17

The material time when consent, and belief in consent, is to be considered is at the time the act actually took place.