Liabilities Flashcards
Section 128(1)(a)
A person
Rapes
Another person
Section 128(1)(b)
A person
Has unlawful sexual connection
With another person
Section 129(2) assault with intent to commit sexual violation
A person
Assaults
Another person
With intent to commit sexual violation of the other person
Section 132 sexual conduct with a child under 12
A person
(1) has sexual connection with a YP
(2) attempts to have sexual connection with a YP
(3) does an indecent act on a YP
Section 135
A person
Indecently assaults
Another person
Rape
*penetration-Introduction to the slightest degree
*genitalia
*consent
sexual connection
-Connection effected by the introduction into the genetalia or anus
ii-a part of the body of another parson
ii- an object held or manipulated -Mouth or you he and a part of another persons genitalia or anus
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior. They include the villa and labia both interior and exterior at the opening of the vagina
R v Cox
Consent but be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form rational judgement
R v Gutuama
Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought that the complainant was consenting”
R v forest and forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Court
Indecent means conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R v Dunn
Indecency must be judged in the light of the time, place and circumstances. It must be something more than trifling and be sufficient to “warrant the sanction of the law”
Defences to charge under section 134
-before the time of the act concerned, he or she had taken reasonable steps to find out whether the YP was of or over the age of 16 years AND
-at the time of the act concerned, he or she believed on RG the person was over 16 and the YP consented
Section 132(1)
A person
Has sexual connection
With a child (person under 12)