Definitions Flashcards
Rape
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.
Sec 128(2) CA1961
Penetration
Introduction and penetration have the same meaning.
Introduction by the slightest degree is enough to effect a connection.
Sec 2(1) CA1961
Unlawful sexual connection Sec 128(3)
Person A has unlawful sexual connection with person B if person A has sexual connection with person B -
(a) Without person B consenting to the connection, AND
(b) Without believing on reasonable grounds that that person B consents to the connection.
Sexual connection Sec 2
(a) Connection effected by the introduction int 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 of manipulated by another person; OR
(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus; OR
(c) the continuation of a connection of a kind described in paragraph (a) or paragraph (b)
Indecent act
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
Indecency (R v Court)
Indecency mean “conduct that right thinking people will consider an affront to the sexual modesty of the complainant.