Liabilities

Question 1

Rapes 128(1) CA61

Answer 1

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
(b) without believing on reasonable grounds person B consents to the connection

Question 2

Penetration 2(1A) CA61

Answer 2

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect a connection

Question 3

Genitalia

Answer 3

Includes surgically constructed or reconstructed organs analogous to naturally occuring male or female genitalia (whether the person concerned is famel, female, or of indeterminate sex)

Question 4

R v Koroheke

Answer 4

The genitalia comprise the reproductive organs, interior and exterior.. they include the vulva and labia, both interior and exterior at the opening of the vagina

Question 5

Penis

Answer 5

Penis includes a surgically constructed or reconstructed organ analogous to a naturaly occuring penis (whether the person concerned is male, female or of an indeterminent sex)

Question 6

Consent

Answer 6

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

Question 7

R v Gutuama

Answer 7

Under the objective test the crown must prove that “no reasonable person in the accuseds shoes could have thought the complainant was consenting

Question 8

Estasblishing reasonable grounds

Answer 8

Subjective Test - Absense of consent
Subjective test - Belief in consent
Objective Test- Reasonable grounds for belief in consent

Question 9

Unlawful Sexual Connection S128(3) CA61

Answer 9

Person A has unlawful sexual connection with person B if person A has sexual connection with Person B -

(a) without person B’s consent to the connection
(b) without believing on reasonable grounds that Person B consents to the connection

Question 10

Sexual Connection S2 CA61

Answer 10

(a) connection effected by the iintroduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of-
(i) a part o the body of another person or
(ii) an object held or manipulated by another person
(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus
(c) the continuation of connection of a kind described in a or b