Definitions Flashcards
Assault Sec.2 C.A.61
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 another, 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.
Rape
Sec.128(2) C.A.61
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.
Sexual Connection Sec.2 C.A.61
(a ) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, 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 & tongue of one person & 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).
Genitalia Sec.2 C.A.61
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
Sec.128(3) C.A.61
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
Young Person
Sec.134(6)(a) C.A.61
Young person means a person under the age of 16 years.
Child
Sec.132(6)(a) C.A.61
Child means a person under the age of 12 years.
Introduction Sec.2 (1A) C.A.61
Introduction to the slightest degree is enough to effect a connection.
(Introduction & penetration have the same meaning)
Continuation
sexual connection
The definition of sexual connection includes the “continuation” of such acts, capturing situations where sexual activity is started consensually, but consent is later withdrawn.
(R v Kaitamaki)
Connection
sexual connection
In the case of oral sexual connection, it is not necessary for there to be penetration; any touching of a person’s genitalia or anus with another person’s mouth or tongue is sufficient.
Part of the body
sexual connection
Connection can be completed by any part of the body, usually refers to the hands & fingers used to penetrate the victim’s genitalia.
Penis Sec.2 C.A.61
Includes a surgically constructed or reconstructed organ analogous to naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).
Attempts Sec.72 C.A.61
Everyone who, having an intent to commit an offence does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
Victim Sec.4 Victim’s Rights Act 2002
A person whom an offence is committed by another person; and
A person who through or by means of an offence committed by another person, suffers physical injury, or loss of, or damage to property; and
A parent or legal guardian of a cild or young person (of the above unless charged etc); or
A member of immediate family of a person who dies or is incapable (unless charged etc)
