Sex

Question 1

1.0 - Sexual violation by Rape - Act and Section

Answer 1

Crimes Act 1961 - 128 (1) (a)

Question 2

1.0 -Sexual violation by Rape - Elements

Answer 2

A person
Rapes
Another person

Question 3

R v Koroheke

Answer 3

The genitalia comprises of reproductive organs, interior and exterior…. they include the vulva and the labia, both interior and exterior; at the opening of the vagina.

Question 4

R v Cox

Answer 4

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

R v Gutuama

Answer 5

Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting”

Question 6

2.0 - Sexual violation by Unlawful Sexual Connection - Act and Section

Answer 6

Crimes Act 1961 - 128 (1) (b)

Question 7

2.0 - Sexual violation by Unlawful Sexual Connection - Elements

Answer 7

A person
Has Unlawful Sexual Connection
With another person

Question 8

Is Sexual violation by Unlawful Sexual Connection gender neutral?

Answer 8

Yes, it can be committed by a Male or a Female. The fact that the offender is a person is generally accepted by judicial notice or proved by circumstantial evidence.

Question 9

3.0 - Assault with intent to commit Sexual Violation - Act and Section

Answer 9

Crimes Act 1961 Section 129 (2)

Question 10

3.0 - Assault with intent to commit Sexual Violation - Elements

Answer 10

A person
Assaults another person
With intent to commit sexual violation of the other person

Question 11

For Assault with intent to commit Sexual Violation what must be proved at the time of the assault?

Answer 11

The defendant

• Intended to have sexual connection with the complainant and
• The complainant did not consent to the sexual connection and
• The defendant did not believe on reasonable grounds that the complainant was consenting

Question 12

4.0 - Sexual conduct with a child under 12 - Act and Section

Answer 12

Crimes Act 1961 - Section 132 (1)

Question 13

4.0 - Sexual conduct with a child under 12 - Elements

Answer 13

A person
Has sexual connection
With a child

Question 14

Under section 132 of the Crimes Act what is not a defence to Sexual conduct with a child under 12?

Answer 14

• That the person charged believed that the child was of or over the age of 12 years.
• That the child consented

Question 15

For Sexual conduct with a child under 12 what age is a child defined as?

Answer 15

Under the age of 12 years

Question 16

R V Forrest and Forrest

Answer 16

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 17

4.0 - Sexual conduct with a child under 12 (Attempts) - Act and Section

Answer 17

Crimes Act 1961 Section 132 (2)

Question 18

4.0 - Sexual conduct with a child under 12 (Attempts) - Elements

Answer 18

A person
Attempts to have sexual connection
With a child

Question 19

In relation to attempted offences what does section 72 of the Crimes Act state?

Answer 19

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 20

4.0 - Sexual conduct with a child under 12 (indecent act) - Act and Section

Answer 20

Crimes Act 1961 - Section 132 (3)

Question 21

4.0 - Sexual conduct with a child under 12 (Indecent Act) - Elements

Answer 21

A person
Does an indecent act
on a child

Question 22

R v Court

Answer 22

Indecency means “conduct that right-thinking people will consider a affront to the sexual modesty of the complainant”.

Question 23

R v Dunn

Answer 23

Indecency must be judged in the light of time, place and circumstances. It must be something more than trifling, and be sufficient to “warrant a sanction of the law.”

Question 24

5.0 - Sexual conduct with a young person under 16 - Act and Section

Answer 24

Crimes Act 1961 - 134 (1)

Question 25

5.0 - Sexual conduct with a young person under 16 - Elements

Answer 25

A person
Has sexual connection
With a young person

Question 26

Under section 134A of the Crimes Act 1961 what is a defence to sexual conduct with a young person under 16?

Answer 26

If the person proves that:
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young 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

Question 27

For Sexual conduct with a young person under 16 what age is a young person defined as?

Answer 27

Under the age of 16 years

Question 28

5.0 - Sexual conduct with a young person under 16 (attempts) - Act and Section

Answer 28

Crimes Act 1961 Section 134 (2)

Question 29

5.0 - Sexual conduct with a young person under 16 (attempts) - Elements

Answer 29

A person
Attempts to have sexual connection
With a young person

Question 30

5.0 - Sexual conduct with a young person under 16 (indecent act) - Act and Section

Answer 30

Crimes Act 1961 134 (3)

Question 31

5.0 - Sexual conduct with a young person under 16 (indecent act) - Elements

Answer 31

A person
Does an indecent act
With a young person

Question 32

6.0 - Indecent Assault - Act and Section

Answer 32

Crimes Act 1961 Section 135

Question 33

6.0 - Indecent Assault - Elements

Answer 33

A person
Indecently assaults
Another person

Question 34

R v Leeson

Answer 34

The definition of indecent assault is an assault accompanied with circumstances of indecency.

Question 35

R v Norris

Answer 35

If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds for his belief were unreasonable.