Definitions

Question 1

What is the definition of ‘Rape’?

Answer 1

Sexual Violation by RapeSection 128(1)(a) Crimes Act 1961(1)(a) Sexual violation is the act of a person who rapes another person(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,—(a) without person B’s consent to the connection; and(b) without believing on reasonable grounds that person B consents to the connection.

Question 2

What is the definition of Unlawful Sexual Connection?

Answer 2

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 grounds that person B consents to the connection.

Question 3

What is Sexual Connection - Section 2 CA1961

Answer 3

Section 2, Crimes Act 1961

(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 described in paragraph (a) or paragraph (b)

Question 4

Definition - ‘Penetration’How would you prove ‘Penetration’?

Answer 4

Slightest degree of penetration

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

Proof of penetration may be established by:

• the complainant’s evidence
• medical examination, including physical injuries and DNA evidence
• the defendant’s admissions.

Question 5

Definition - Penis

Answer 5

Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)

Question 6

Explain Section 127 - No presumption because of age

Answer 6

Section 127, Crimes Act 1961No presumption because of ageThere is no presumption of law that a person is incapable of sexual connection because of his or her age.

Question 7

Definition of Deception

Answer 7

Section 240(2), Crimes Act 1961(2) In this section, deception means-

(a) a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person AND

• (i) knows that it is false in a material particular; OR
• (ii) is reckless as to whether it is false in a material particular;

OR

• (b) an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; OR
• (c) a fraudulent device, trick, or stratagem used with intent to deceive any person.

Question 8

Assault

Answer 8

ASSAULT means 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 anothe
• 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; and to assault has a corresponding meaning

Question 9

Property

Answer 9

PROPERTY includes real and personal property, and any estate or interest in any real or personal property, [money, electricity,] and any debt, and any thing in action, and any other right or interest:

Question 10

Claim of Right

Answer 10

CLAIM OF RIGHT, in relation to any act means

• a belief at the time of the act in a proprietary or possessory right in property in relation to which the offence is alleged to have been committed
• although that belief may be based on ignorance or mistake of fact or of any matter of law other than the enactment against which the offence is alleged to have been committed.