Resource Material Questions Flashcards
Outline sexual connection as defined in Section 2 CA1961
Definition:
a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes.
i) a part of the body of another person or
ii) an object held or manipulated by another person
b) Connection between the mouth or tongue of one person and a part of another persons genitalia or anus.
c) The continuation of connection described in paragraph a or b.
What was held in R v Cox in relation to consent?
Consent must be full, free, voluntary and informed…. Freely and voluntarily given by a person in a position to form ration judgement.
Detail the statutory defence to a charge of sexual conduct with a young person under 16 years, pursuant to Section 134A(1) of the Crimes Act 1961
Defence to a charge under Section 134
It is a defence to a charge under section 134 if the person charged proves that:
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the you person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented
For a charge of incest to be proved the offender is required to have a certain knowledge, what is that knowledge?
Must know of the relationship.
List the elements of Incest- Section 130, Crimes Act 1961….
(1) Sexual connection is incest if -
(a) it is between 2 people whose relationship is that of a parent and child, siblings, half-siblings, or grandparent and grandchildren; and
(b) the person charged knows of the relationship
List the 3 offences covered under Section 134 of the Crimes Act 1961 - Sexual conduct with a young person under 16….
(a) Sexual connection
(b) attempts to have sexual connection
(c) Indecent act on a young person (including indecent assault)
In any criminal prosecution where proving age is an essential ingredient of a charge. The prosecution must prove the complainant’s age at the time of the offence.
a) What is the best way of doing this?
b) What is the leading case law to proving age and what was found in the case?
(a) In practice, this generally involves producing the complainant’s birth certificate conjunction with independent evidence that identifies the complainant is the person named in the certificate.
(b) R v Forrest and Forrest - The best evidence possible in the circumstances should be adduced by the prosecution and proof of the victims age.
Tony and Harriet are brother and sister. They are in a sexual relationship where they often have consensual sex. You charge them with incest.
a) List the act, section and subsection for the offence…
b) List the full elements of the offence identified…
Crimes Act 1961 Section 130(1)
Sexual connection between parent and child, siblings, half siblings or grandparent and grandchild, and the person charged knows of the relationship.
