Liabilities Flashcards
Sexual Violation by Rape
Sec.128(1)(a) C.A.61 Penalty 20 years
- A person
- Rapes
- Another person
Sexual Violation by Unlawful Sexual Connection
Sec.128(1)(b) C.A.61 Penalty 20 years
- A person
- Has Unlawful Sexual Connection
- With another person
Assault with Intent to commit Sexual Violation
Sec.129(2) C.A.61 Penalty 10 years
- A person
- Assaults another person
- With intent to commit sexual violation
Sexual Conduct with a Dependant Family Member
Sec.131(1) C.A.61 Penalty 7 years
- A person
- Has sexual connection
- With a dependant family member under the age of 18 years
Sexual Conduct with a Child Sec 132(1) C.A.61 Penalty 14 years
- Every one
- Has sexual connection
- With a child
Attempted Sexual Connection with a Child
Sec.132(2) C.A.61 Penalty 10 years
- Every one
- Attempts to have sexual connection
- With a child
Indecent Act on a Child
Sec.132(3) C.A.61 Penalty 10 years
- Every one
- Does an indecent act
- On a child
Sexual Conduct with a Young Person
Sec.134(1) C.A.61 Penalty 10 years
- Every one
- Has sexual connection
- With a young person
Attempted Sexual Connection with a Young Person
Sec.134(2) C.A.61 Penalty 10 years
- Every one
- Attempts to have sexual connection
- With a young person
Indecent Act on a Young Person
Sec.134(3) C.A.61 Penalty 7 years
- Every one
- Does an indecent act
- On a young person
Indecent Assault
Sec.135 C.A.61 Penalty 7 years
- Every one
- Indecently assaults
- Another person
Sec.128A C.A.61
Non-Consent under certain circumstances.
A person does not consent to sexual activity:
(1) Not protesting or offering physical resistance.
(2) Use force, threat of force or fear of force.
(3) Asleep or unconscious.
(4) Affected by alcohol or drugs they cannot consent or refuse.
(5) Affected by mental or physical impairment they cannot consent or refuse.
(6) Mistaken about who the other person is.
(7) Mistaken about its nature & quality.
Reasonable Grounds:
The establishing of Reasonable Grounds is a three step process:
Subjective Test - Step 1:
Absence of Consent:
What was the complainant thinking at the time? Was she consenting?
Subjective Test - Step 2:
Belief in Consent:
If she wasn’t consenting, did the defendant believe she was consenting? What was the defendant thinking at the time?
Objective Test - Step 3:
Reasonable Grounds for Belief in Consent:
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances? What would a reasonable person have believed if placed in the same position as the defendant?
Incest
Sec.130 C.A.61 Penalty 10 years
(1) Sexual connection is incest if -
(a) it is between 2 people whose relationship is that of parent & child, siblings, half-siblings, or grandparent & grandchild; AND
(b) the person charged knows of the relationship
