INVALID CONSENT

Question 1

Matters not constituting Consent:

Answer 1

MISTAKEN IDENTTY - If she allows the act because he or she is mistaken about who the other person is.
ASLEEP or UNCONCIOUS - If the activity occurs while he or she is asleep or unconscious.
ALCOHOL or DRUGS - so affected by alcohol or
some other drug that he or she cannot consent or refuse to consent to the activity.
PROTEST or PHYSICAL RESISTANCE - just because he or she does not protest or offer physical resistance to the activity.

Question 2

R v KOROHEKE - invalid consent

Answer 2

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

Question 3

SEXUAL VIOLATION BY RAPE

Answer 3

Crimes Act 1961, Section 128(1)(a)

1. A Person
2. Rapes
3. Another Person

Question 4

SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION

Answer 4

Crimes Act 1961, section 128 (1)(b)

1. A person
2. Has unlawful sexual connection
3. With another person