OTHER LEGISLATION Flashcards
What is the legislation regarding presumption of age, and what does it stipulate?
CA61 s127
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
What was held in R v Gutuama?
The Court of Apeal was prompted to clarify the objective test for reasonableness after a 27 year old charged with raping 14 year old claimed he had reasonable grounds to believe she was still consenting following a period of consensual sexual activity.
What does s128A deal with?
Invalid consent, or conditions where consent is not given.
Basically it is the antecedent conditions for Cox
What is an alternative charge in cases where the threshold for sexual violation has not been met, and the victim is mentally or physically impaired?
CA61 S138
Sexual Exploitation of a Person with Significant Impairment
Mistake to nature and quality of act:
In R v Flattery a 14 year old girl consented to intercourse because she had been led to believe what…
That it was a form of medical treatment.
She was probably also mistaken about the quality.
What did the Court of Apeal hold in relation to R v A?
The definition of Unlawful Sexual Connection doesn’t require the complainant to be the one penetrated.
In R v M, what did the Court of Appeal say with regard to how a child complainant’s evidence will be given?
A child’s evidence will normally be given by video record if there is one, unless there are exceptional circumstances.
Give three reasons why a child DVD recorded interview helps to meet the needs of the child?
(1) It allows them to speak freely about what happened
(2) the recorded interview can be used for investigation, prosecution, and child protection purposes
(3) avoids the need to re-interview the child for different purposes
