Offences/Elements

Question 1

Crimes Act 1961, Section 128(1)
Sexual violation is the act of a person who

Answer 1

(a) Rapes another person, or
(b) has unlawful sexual connection with another person

Question 2

Crimes Act 1961, Sections128(1)(a)
Sexual violation by Rape

Answer 2

A person
Rapes
Another person

Question 3

Crimes Act 1961, Section 128(1)(b)
Sexual violation by unlawful sexual connection

Answer 3

A person
Has unlawful sexual connection
With another person

Question 4

Crimes Act 1961, Section 128A
Allowing sexual activity does not amount to consent in some circumstances

Answer 4

1. A person does not consent to sexual activity just because he/she does not protest or offer physical resistance to the activity.
2. A person does not consent to sexual activity if he or she allows the activity because of
   a) force applied ot him/her or some other person;
   b) the threat (expressed or implied) of the application of force to him/her or some other person; or
   c) the fear of the application of force to him/her orsome other person.
3. A person does not consent to sexual activity the activity occurs while he/she is asleep or unconscious.
4. A person does not consent to sexual activity if the activity occurs while he/she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity.
5. A person does not consent to sexual activity of the activity occurs while he/she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he/she cannot consent to the activity.
6. One person does not consent to sexual activity with another person if he/she allows the sexual activity because he/she is mistaken about who the other person is.
7. A person does not consent to an act of sexual acid he/she allows the activity because he/she is mistaken about its nature and quality.
8. This section does not limit the circumstances in which a person does not consent to sexual activity.
9. For the purpose of this section, -
   Allows includes acquiesces in, submits to, participates in, and undertakes sexual activity, in relation to a person, means -
   a) sexual connection with the person; or
   b) the doing on the person of an indecent act that, without the persons consent, would be an indecent assault of the person.