Seuxual Violation

Question 1

1. Sexual violation by Rape
2. Sexual Violation by Unlawful Connection

State:
Act/section/Penalty
Ingredients

Answer 1

1. Section 128(1)(a) / 20 years
   A person
   Rapes
   Another person
2. Section 128(1)(b) / 20 years
   A person
   Has unlawful sexual connection
   With another person

Question 2

Rape

Answer 2

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis

a) without person B’s consent to the connection and
b) without believing on reasonable grounds that person B consents to the connection

Question 3

Unlawful sexual connection definition

Answer 3

Person A has unlawful sexual connection with person B if person A has sexual connection with person B

a) without person B’s consent to the connection and
b) without believing on reasonable grounds that person B consents to the connection

Question 4

Consent definition

+

Case law on consent

Answer 4

Definition
Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Case law:
R v Cox
Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement”.

Question 5

Sexual conduct with a child under 12

Answer 5

Section 132(3)
Crimes act 1961
Penalty 10years

• Everyone
• Does an indecent act
• On a child

Question 6

Sexual Conduct with a Young Person

X2 liabilities

Answer 6

1. Section 134(1)
   10years

• Everyone
• Has sexual connection
• With a Young Person

2. Section 134(3)
   7years

• Everyone
• Does an indecent act
• On a young person

Question 7

Indecent assault

Answer 7

Section 135
Crimes Act 1961
Penalty 7years

• Everyone who
• Indecently assaults
• Another person

Question 8

Indecent assault case law

Answer 8

R v Leeson

The definition of “indecent assault” … is an assault accompanied with circumstances of indecency

Question 9

Assault

Answer 9

Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act of 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; and to assault has a corresponding meaning