Other Sex Offences Flashcards
What section, act and subsection covers assault with intent to commit sexual violation?
Section 129(2) of the Crimes Act 1961
What is a person?
Accepted by judicial notice or proved by circumstantial evidence.
According to Section 2 of the Crimes Act 1961, what is assault defined?
Assault is the act of intentionally applying force to a person of another, directly or indirectly, or any threatening act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
Does the assault need to be of an indecent nature?
No.
What must accompany the assault to form the offence of assault with intent to commit sexual violation?
The intention of, and for the purpose of, committing sexual violation.
What is the section and elements for sexual conduct with a child under 12
Section 132, Crimes Act 1961
A person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
What is the section and elements for sexual conduct with a child young person under 16
Section 134, Crimes Act 1961
A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person
what is the section and elements for indecent assault
A person
indecently assaults
another person
Name the two pieces of case law relating to indecency
R v Court and R v Dunn
What is R v Court
indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of (the complainant)”
What is R v Dunn
Indecency must be judged in the light of the time, place and circumstances. It must be more than trifling and be sufficient to warrant the sanction of the law
According to section 134A CA 1961, what three things must be proven for a defence to sexual conduct with a young person under 16
reasonable steps to find out age
believed on reasonable grounds was over 16
consent
What are the two pieces of case law relating to indecent assault
R v Leeson and R v Norris
What is R v Leeson
In indecent assault the prosecution must prove
intentionally assaulted
circumstances indecent
intended a reasonable person would find act indecent
no consent
did not believe complainant consented
What is R v Norris
if the defendant honestly believed the complainant was consenting, acquitted
