Progress test 1

Question 1

List the two main forms of sexual violation

Answer 1

1. Rape
2. Unlawful sexual connection

Question 2

What are the penalty provisions for sexual violation as set out in 128B CA61?

Answer 2

1. The punishment for sexual violation is imprisonment for a term not exceeding 20 years.
2. Imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule.

Question 3

Define the term ‘genitalia’.

Answer 3

CA61; S2

Genitalia includes a surgically constructed or reconstructed organ, analogous to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).

Question 4

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 4

1. The victim did not consent, or
2. The victim’s consent was not valid, or
3. The defendant did not believe on reasonable grounds that the victim was consenting.

Question 5

What two elements need to be proved in a charge of Assault with Intent to Commit Sexual Violation?

Answer 5

The offender:

1. Assaulted the victim, and
2. Intended to commit sexual violation.

Question 6

What is the definition of ‘consent’?

Answer 6

A person’s conscious and voluntary agreement to something desired or proposed by another.

Question 7

Define ‘sexual connection’.

Answer 7

S2 CA61

Sexual connection means—
(a) connection effected by the introduction into the genitalia or anus of one person,otherwise than for genuine medical purposes, of—

(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)