Questions - Sexual offences Flashcards
List the two main forms of sexual violation
Rape and unlawful sexual connection
What are the penalty provisions for rape and unlawful sexual connection?
20 years imprisonment, and imprisonment should always be imposed unless there are special circumstances.
Define genitalia
The external organs of reproduction in males and females. The organs of generation, includes surgically constructed organs.
In establishing that a sexual connection is unlawful the subjective/objective test the Crown must prove relating to consent is?
Subjective - The victim did not consent
Subjective - The accused did not believe the victim was consenting.
Objective - If the accused did believe the victim was consenting, that belief was unreasonable.
What two elements must be proved for a charge of assault with intent to commit sexual violation?
Assaulted the victim
With intent to commit sexual violation
What is the definition of consent?
A persons conscious and voluntary agreement to something desired or proposed by another.
“Consent must be full, voluntary, free and informed. Freely and voluntarily given by a person in a position to form a rational judgement” - COX
Define sexual connection
A) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of:
- a part of the body of another person or
- an object held or manipulated by another person or
B) Connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
C) The continuation of connection of a kind described in paragraph a or b.
What is the statutory defence for S134A - sexual conduct with a young person under 16 years?
-The person charged can show they took reasonable steps to establish the young person was aged 16 or over and
-The person charged believed on reasonable grounds that the young person was aged 16 or over and
-The young person consented to that sexual connection.
Define sexual conduct with a child under 12
- Sexual connection with a child
- Attempted sexual connection with a child
- Does an indecent act on a child
Can a 16 year old girl be charged with having consensual sex with a 14 year old boy?
Yes, she can be charged with sexual conduct with a young person under 16 years.
Define an indecent act
An act accompanied by circumstances of indecency
What are three things the Crown must prove in relation to an indecent assault?
- The defendant intentionally assaulted the complainant
- The circumstances accompanying the assault were indecent
- The defendants conduct was such that a reasonable person would find indecent.
When is the offence of sexual exploitation of a person with significant impairment complete?
A) If he or she has sexual connections with the impaired person knowing the person is impaired and
B) has obtained the impaired persons participation by taking advantage of the impairment.
When is the offence of sexual grooming complete?
When the offender intentionally meets the young person
When the accused travels or makes arrangements to meet with the relevant intent.
Section 128A - Invalid consent
1) Does not protest or offer physical resistance
2) Allows activity because of force applied, fear or threat of force applied
3) Asleep or unconscious
4) Affected by alcohol or drugs
5) Affected by intellectual, mental, physical condition or impairment
6) Mistaken identity
7) Mistaken about nature and quality