important case law sexual assault Flashcards
R v Koroheke
The genitalia comprise the reproductive organs, interior and exterior … they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina
Application: genitalia
R v Cox
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment
Application: consent
R v Gutuama
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”. Application: consent
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age Application: proving age
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)” Application: indecency
R v Leeson
The definition of ‘indecent assault’ “… is an assault accompanied with circumstances of indecency … Application: indecent assault
R v Harpur
[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops … the defendants conduct may be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative
The genitalia comprise the reproductive organs, interior and exterior … they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina
Application: genitalia
R v Koroheke
Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment
Application: consent
R v Cox
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”. Application: consent
R v Gutuama
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age Application: proving age
R v Forrest and Forrest
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)” Application: indecency
R v Court
The definition of ‘indecent assault’ “… is an assault accompanied with circumstances of indecency … Application: indecent assault
R v Leeson
[The Court may] have regard to the conduct viewed cululatively up to the point when the conduct in question stops … the defendants conduct may be considered in its entirety. Considering how much remains to be done … is always relevant, though not determinative
R v Harpur
