PROGRESS TEST 1

Question 1

List the two main forms of sexual violation

Answer 1

• Rape
• Unlawful Sexual Connection

Question 2

Discuss the penalty provisions for sexual violations as set out in S128B of the Crimes Act 1961.

Answer 2

128b of Crimes Act 1961 - not exceeding 20 years, imprisonment should always be imposed UNLESS under exceptional circumstances.

Question 3

Define the term “Genitalia.”

Answer 3

Genitalia are the external organs of the reproduction in males and females. Includes surgically constructed organs.

Question 4

In negating consent, the Crown has to prove one of three things. List the 3 things?

Answer 4

Crown must prove:

• The victim did not consent OR
• The victim’s consent was not valid OR
• The defendant did not believe on reasonable grounds that the victim was consenting.

Question 5

Discuss the two elements that need to be proved in a charge of Assault with Intent to Commit Sexual Violation, section 129 Crimes Act 1961?

Answer 5

• Assaulted the Victim AND
• Intended to commit sexual violation.

Question 6

What is the definition of “Consent”?

Answer 6

Consent - is a person’s conscious and voluntary agreement.

Question 7

Define “Sexual Connection”?

Answer 7

(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).