Other

Question 1

Proving penetration

Answer 1

• Complainants evidence
• Medical exam, including physical injuries and DNA evidence
• Defendants admissions

Question 2

In regard to consent, the crown must prove..

Answer 2

• The complainant did not consent to the sexual act (subjective) and
• The offender did not believe the complainant was consenting (subjective) or
• If he did believe she was consenting, the ground for such a belief were not reasonable (objective)

Question 3

Recklessness as to consent

Answer 3

Recklessness as to whether the complainant is consenting or not is not consistent with having a reasonable belief in consent.

Question 4

S128A - Matters not constituting consent

Answer 4

• Force, threat or fear of force
• Asleep or unconscious
• Intellectual, mental or physical impairment
• Lack of protest or resistance
• Mistake as to identity
• Affected by alcohol or drugs
• Nature/quality of the act (mistaken)

Question 5

To be guilty of an attempt a person must:

Answer 5

• Intend to commit the offence
  And
• Take a real and substantial step towards achieving that aim

Question 6

Section 134A(1) - Defence to s134 charge

Answer 6

(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) they young person consented

Question 7

Objective test for indencency

Answer 7

Judged in light of time, place, circumstance. It must be more than trifling and sufficient to warrant the sanction of the law.