OF13 - Serious Sexual Offences and CONSENT

Question 1

Offence - Sexual Violation, Crimes Act 1961, Section 128

Answer 1

Person A rapes person B when:

Main Elements:

A person who rapes another person - Sexual violation by Rape - Section 128 (1) (a)

Explanation:
Person A rapes person B when:
Person A uses their penis to penetrate the vagina of person B
Without person B consenting to the connection and
Without believing on reasonable grounds B consented to the connection

Sexual violation by Unlawful Sexual Connection - Section 128(1)(b)

Any person having unlawful sexual connection with another person.
Person A has unlawful sexual connection with person B when:
person A has sexual connection of person B without person B consenting to the connection and without reasonable grounds to believe B consented to the connection.

Question 2

Sexual connection (Under the Crimes Act 1961) means

Answer 2

Sexual connection occurs when:

1. Person A penetrates the genitalia or anus of person B using any part of their body or any object used by them or..
2. Connection between the mouth or tongue of person A and the anus or genitalia of person B

Question 3

Definition of CONSENT

Answer 3

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another. Section 128A of the Crimes Act 1961, outlines circumstances where in sexual activity a person does not provide a legal consent.

Question 4

Some circumstances where in sexual activity a person does not provide a legal consent…

Answer 4

A person does not consent to sexual activity for the following reasons..

1. just because he or she does not protest or offer physical resistance.
2. If he or she allows the activity because of force/threat of force applied to them
3. When they are asleep or unconscious
4. If they are affected by alcohol or some other drug that they cannot consent or refuse to consent.
5. If affected by intellectual, mental, or physical condition or impairment of such a nature or degree that they cannot consent or refuse to consent.
6. Where they are mistaken about the identity of the other person
7. Allow the act because they are mistaken about its nature and quality

Question 5

Intimate Visual Recordings - Crimes Act 1961, Section 216G

Answer 5

Penalty - 3 years imprisonment.

It is an offence for everyone who intentionally or recklessly makes an intimate visual recording of another person.