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DDC > SEX > Flashcards

SEX Flashcards

1
Q

SEXUAL VIOLATION BY RAPE

A

128(1)(A) CA 1961

  • A PERSON
  • RAPES
  • ANOTHER PERSON
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2
Q

A PERSON DEFINED AS

A

ACCEPTED BY JUDICIAL NOTICES OR PROVED BY CIRCUMSTANTIAL EVIDENCE

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3
Q

SEXUAL VIOLATION DEFINED AS

A

ACT OF A PERSON WHO
A) RAPES ANOTHER PERSON OR;
B) HAS UNLAWFUL SEXUAL CONNECTION WITH ANOTHER PERSON

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4
Q

RAPE DEFINED AS

A

-PENETRATION OF A PERSONS PENIS TO ANOTHER PERSONS GENITALIA
A) WITHOUT THEIR CONSENT TO THE CONNECTION
B) WITHOUT BELIEVING ON REASONABLE GROUNDS THAT PERSON B CONSENTS TO THE CONNECTION
> SEXUAL VIOLATION
>RAPE
>PENETRATION
> SEXUAL CONNECTION
> GENITILIA
> CONSENT

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5
Q

PENETRATION DEFINED AS

A

-INTRO TO THE SLIGHTEST DEGREE IS ENOUGH TO EFFECT A CONNECTION

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6
Q

SEXUAL CONNECTION DEFINED AS

A

A) CONNECTION INTO THE GENITALIA OR ANUS OTHER THAN FOR MEDICAL PURPOSES
i) A PART OF THE BODY OF ANOTHER
ii) AN OBJECT HELD OR MANIPULATED BY ANOTHER
B) CONNECTION BETWEEN MOUTH OR TONGUE TO PERSONS GENITALIA OR ANUS or
C) CONTINUOUS CONNECTION OF A OR B

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7
Q

GENITALIA DEFINED - CASE LAW

A

KOROHEKE

  • REPRODUCTION ORGANS (INTERIOR OR EXTERIOR)
  • VALVA, LABIA (INTERIOR OR EXTERIOR) AT THE OPENING OF THE VAGINA
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8
Q

CONSENT DEFINED AS

A
  • CONSCIOUS AND VOLUNTARY AGREEMENT TO SOMETHING DESIRED OR PROPOSED BY ANOTHER
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9
Q

WHAT MUST THE CROWN PROVE IN TERMS OF CONSENT

A
  • THE COMPLAINANT DID NOT CONSENT AND
  • THE OFFENDER DID NOT BELIEVE THE COMPLAINT WAS CONSENT or
  • IF THE OFFENDER DID BELIEVE THEY WERE CONSENT, THE GROUNDS FOR SUCH BELIED WERE NOT REASONABLE
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10
Q

CONSENT DEFINED - CASE LAW

A

GUTUAMA
- UNDER THE OBJECTIVE TEST, CROWN MUST PROVE THAT NO REASONABLE PERSON IN THE ACCUSED’S SHOES COULD HAVE THOUGHT THE COMPLAINANT WAS CONSENTING

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11
Q

ANOTHER PERSON DEFINED - RAPE

A

THE PERSONS BIOLGICAL GENDER IS NOT RELVENAT

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12
Q

WITH ANOTHER PERSON - SEXUAL CONNECTION DEFINED

A
  • ROLES ARE NOT SPECIFIED IN TERMS OF WHO IS PENETRATED AND WHO DOES THE PENETRATING
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13
Q

A PERSON DEFINED AS - SEXUAL CONNECTION

A
  • GENDER NEUTRAL OFFENCE

- ‘PERSON’ GENERALLY ACCEPTABLE BY THE JUDICIAL NOTICED OR PROVED BY CIRCUMSTANTIAL EVIDENCE

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14
Q

HAS UNLAWFUL SEXUAL CONNECTION DEFINED AS

A
  • NO CONSENT TO THE CONNECTION
  • WITHOUT BELIEVING ON REASONABLE GROUNDS THAT PERSON B CONSENTED TO THE CONNECTION
    > SEXUAL CONNECTION
    > PENETRATION
    > CONSENT
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15
Q

SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION

A

128(1)(B) CA

  • A PERSON
  • AS UNLAWFUL SEXUAL CONNECTION
  • WITH ANOTHER PERSON
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16
Q

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION

A

129(2) CA

  • A PERSON
  • ASSAULTS ANOTHER PERSON
  • WITH INTENT TO COMMIT SEXUAL VIOLATION OF THE OTHER PERSON
17
Q

ASSAULTS ANOTHER PERSON DEFINED AS

A

ASSAULT:
- ACT, INTENTIONALLY, APPLYING OR ATTEMPTING TO APPLY FORCE, TO THE PERSON OF ANOTHER, DIRECTLY OR INDIRECTLY, THREATENING BY ACT OR 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 THE PRESENT ABILITY TO EFFECT HIS PURPOSE
PERSON:
- JUDICIAL NOTICE OR CIRCUMSTANTIAL EVIDENCE
-MUST BE A PERSON OTHER THAN THE DEFENDANT

18
Q

WITH INTENT TO COMMIT SEXUAL VIOLATION OF THE OTHER PERSON

A 
MUST BE PROVED AT THE TIME OF ASSAULT:
- DEFENDANT INTENDED TO HAVE SEXUAL CONNECTION
- COMPLAINANT DID NOT CONSENT
-DEFENDANT DID NOT BELIEVE ON REASONABLE GROUNDS THAT THE COMPLAINANT WAS CONSENTING 
> SEXUAL VIOLATION
>SEXUAL CONNECTION
>CONSENT
>PERSON
19
Q

SEXUAL CONDUCT WITH CHILD UNDER 12

A

132 CA

132(1) = HAS

  • A PERSON
  • HAS SEXUAL CONNECTION
  • WITH A CHILD

132(2) = ATTEMPTS

  • A PERSON
  • ATTEMPTS TO HAVE SEXUAL CONNECTION
  • WITH A CHILD

132 (3) = INDECENT ACT

  • A PERSON
  • DOES AN INDECENT ACT
  • ON A CHILD
20
Q

UNDER 12 SEXUAL CONDUCT - NOT A DEFENCE

A
  • CANNOT SAY YOU BELIEVED THEY WERE OF OR OVER 12

- CANNOT SAY THE CHILD CONSENTED

21
Q

WITH A CHILD DEFINED AS

A
  • PERSON UNDER 12

GENDER NEUTRAL OFFENCE. CAN BE AGAINST A BOY OR GIRL

22
Q

SEXUAL CONDUCT UNDER 12 - CASE LAW

A

FORREST AND FORREST

“THE BEST EVIDENCE POSSIBLE IN THE CIRCUMSTANCES SHOULD BE ADDUCED BY THE PROSECUTION IN PROOF OF THE VICTIMS AGE

23
Q

ATTEMPTS TO HAVE SEXUAL CONNECTION DEFINED AS

A

ATTEMPS (72 CA)

  • EVERYONE
  • WHO HAS AN INTENT TO COMMIT AN OFFENCE
  • DOES OR
  • OMITS AN ACT FOR THE PURPOSE OF ACCOMPLISHING HIS OBJECT
  • IS GUILTY OF ATTEMPT
  • WHETHER IN THE CIRCUMSTANCES IT WAS POSSIBLE TO COMMIT OR NOT

> SEXUAL CONNECTION
NO DEFENCE

24
Q

DOES AN INDECENT ACT DEFINED AS

A

INDECENT ACT (2 CA)
- ONE PERSON DOES AN INDECENT ACT ON ANOTHER PERSON WHETHER HE OR SHE:
A) DOES AN INDECENT ON WITH OR ON ANOTHER or;
B) INDUCES OR PERMITS THE OTHER TO DO AN INDECENT ACT ON WITH OR ON HIM OR HER

25
Q

INDECENCY - CASE LAW

A

COURT
“CONDUCT THAT RIGHT-THINKING PEOLE WILL CONSIDER AN AFFRONT TO THE SEXUAL MODESTY OF THE COMPLAINANT”

DUNN

  • INDECENCY MUST BE JUDGED IN LIGHT OF THE TIME, PLACE AND CIRCUMSTANCES.
  • MORE THAN TRIFLING AND BE SUFFICIENT TO WARRANT THE SANCTION OF THE LAW
26
Q

SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16

A

134 CRIMES ACT 1961

134(1) = HAS SEXUAL CONNECTION

  • A PERSON
  • HAS SEXUAL CONNECTION
  • WITH A YOUNG PERSON

134(2) = ATTEMPTS

  • A PERSON
  • ATTEMPTS TO HAVE SEXUAL CONNECTION
  • WITH A YOUNG PERSON

134(3) = DOES INDECENT ACT

  • A PERSON
  • DOES AN INDECENT ACT
  • WITH A YOUNG PERSON
27
Q

SEXUAL CONDUCT UNDER 16 - 134 CA

A

(4) CANNOT BE CONVICTED IS MARRIED AT TIME

5) YOUNG PERSON CANNOT BE CHARGED AS PARTY TO THE OFFENCE IF PERSON COMMITTING OFFENCE WAS OF OR OVER 16

28
Q

DEFENCE TO 134 CRIMES

A

SEXUAL CONDUCT UNDER 16:
- TOOK REASONABLE STEPS TO FIND OUT IF YOUNG PERSON OF OR OVER 16
AND
- BELIEVED ON REASONABLE GROUNDS AT TIME THAT THEY WERE OF OR OVER 16
AND
- THE YOUNG PERSON CONSENTED

29
Q

INDECENT ASSAULT

A

135 CRIMES ACT 1961

  • A PERSON
  • INDECENTLY ASSAULTS
  • ANOTHER PERSON
30
Q

INDECENTLY ASSAULT DEFINED AS

A

ASSAULT DEFINITION
135:
- REQUIRES PROOF OF ASSAULT
- A GENTLE CARESS MAY BE SUFFICE
-INCLUDES ATTEMPTING
- INCLUDES THREAT BY ACT OR GESTURE IN CIRCUMSTANCES OF INDECENCY
- CANNOT BE ACCIDENTAL - HAVE TO PROVE INTENDED

31
Q

INDECENT ASSAULT CASE LAW

A

LESSON
- DEF OF ASSAULT ACCOMPANIED WITH CIRCUMSTANCE OF INDECENCY

MUST PROVE ALL:

  • INTENTIONALLY ASSAULTED COMPLAINANT
  • CIRCUMSTANCES ACCOMPANY THE ASSAULT WERE INDECENT
  • REASONABLE PERSON WOULD FIND INDECENT
  • DID NOT CONSENT
  • DEFENDANT DID NOT HONESTLY THINK THEY WRRE CONSENTING
32
Q

INDECENT ASSAULT CASE LAW

A

LESSON
- DEF OF ASSAULT ACCOMPANIED WITH CIRCUMSTANCE OF INDECENCY

MUST PROVE ALL:

  • INTENTIONALLY ASSAULTED COMPLAINANT
  • CIRCUMSTANCES ACCOMPANY THE ASSAULT WERE INDECENT
  • REASONABLE PERSON WOULD FIND INDECENT
  • DID NOT CONSENT
  • DEFENDANT DID NOT HONESTLY THINK THEY WRRE CONSENTING
33
Q

INDECENT ASSAULT CASE LAW

A

NORRIS
- IF PERSON CHARGE CAN PROVE THEY HONESTLY BELIEVED THAT THE COMPLAINANT WAS CONSENTING CAN BE ACQUITTED EVEN IF GROUND OF HIS BELIED WERE UNREASONABLE

DDC (9 decks)

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