Definitions

Question 1

Introduction S2(1A) CA 1961

Answer 1

Introduction to the slightest degree is enough to effect a connection.

Question 2

Genitalia S2, CA 1961

Answer 2

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).

Question 3

R v KOROHEKE

Answer 3

Genitalia comprise the the reproductive organs, interior and exterior, Includes the vulva and labia both interior and exterior, at the opening of the vagina.

Question 4

Penis S2, CA 1961

Answer 4

Includes a surgically constructed or reconstructed organ analogous to naturally occurng penis. (whether the person concerned is male, female or of indeterminate sex).

Question 5

Reasonable Grounds

Answer 5

A three step process:

1. What was the complainant thinking at the time? Did she consent? (subjective)
2. If she wasn’t consenting, did the offender believe she was consenting? What was the offender thinking at the time? (subjective)
3. If the offender believed complainant was consenting, what would a reasonable person in the same position as the defendant have believed? (objective)

Question 6

R v GUTUAMA

Answer 6

Under the objective test the crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting.”

Question 7

Person

Answer 7

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 8

Child – Section 132 6(a), Crimes Act 1961

Answer 8

Child means a person under the age of 12.

Question 9

R v FORREST AND FORREST

Answer 9

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 10

Dependent family member defined - Section 131A (1), Crimes Act 1961

Answer 10

For the purposes of section 131, one person is a dependent family member of another person —

(a) if the other person has power or authority over him or her, and is —
(i) his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or

(ii) a parent, step-parent, or foster parent of a person described in
subparagraph (i); or

(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii);

Question 11

Section 131A, Crimes Act 1961

Answer 11

(2) In subsection (1),—
aunt - in relation to a person, includes a half-sister of one of the person’s parents
foster parent - includes a former foster parent
guardian —
(a) means guardian by virtue of the Guardianship Act 1968 or the Children, Young Persons, and Their Families Act 1989; and
(b) includes a former guardian
step-parent - includes a former step-parent
uncle - in relation to a person, includes a half-brother of one of the person’s parents.

Question 12

Proving Age:

Answer 12

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

Question 13

Child – Section 132(6)(a), Crimes Act 1961

Answer 13

Child means a person under the age of 12

Question 14

Young Person – Section 134(6)(a), Crimes Act 1961

Answer 14

Young Person means a person under the age of 16