Sex Flashcards
1.0 - Sexual violation by Rape - Act and Section
Crimes Act 1961 - 128 (1) (a)
1.0 -Sexual violation by Rape - Elements
A person
Rapes
Another person
R v Koroheke
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.
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.
R v Gutuama
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”
2.0 - Sexual violation by Unlawful Sexual Connection - Act and Section
Crimes Act 1961 - 128 (1) (b)
2.0 - Sexual violation by Unlawful Sexual Connection - Elements
A person
Has Unlawful Sexual Connection
With another person
Is Sexual violation by Unlawful Sexual Connection gender neutral?
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.
3.0 - Assault with intent to commit Sexual Violation - Act and Section
Crimes Act 1961 Section 129 (2)
3.0 - Assault with intent to commit Sexual Violation - Elements
A person
Assaults another person
With intent to commit sexual violation of the other person
For Assault with intent to commit Sexual Violation what must be proved at the time of the assault?
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
4.0 - Sexual conduct with a child under 12 - Act and Section
Crimes Act 1961 - Section 132 (1)
4.0 - Sexual conduct with a child under 12 - Elements
A person
Has sexual connection
With a child
Under section 132 of the Crimes Act what is not a defence to Sexual conduct with a child under 12?
- That the person charged believed that the child was of or over the age of 12 years.
- That the child consented
For Sexual conduct with a child under 12 what age is a child defined as?
Under the age of 12 years
R V Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
4.0 - Sexual conduct with a child under 12 (Attempts) - Act and Section
Crimes Act 1961 Section 132 (2)
4.0 - Sexual conduct with a child under 12 (Attempts) - Elements
A person
Attempts to have sexual connection
With a child
In relation to attempted offences what does section 72 of the Crimes Act state?
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.
4.0 - Sexual conduct with a child under 12 (indecent act) - Act and Section
Crimes Act 1961 - Section 132 (3)
4.0 - Sexual conduct with a child under 12 (Indecent Act) - Elements
A person
Does an indecent act
on a child
R v Court
Indecency means “conduct that right-thinking people will consider a affront to the sexual modesty of the complainant”.
R v Dunn
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.”
5.0 - Sexual conduct with a young person under 16 - Act and Section
Crimes Act 1961 - 134 (1)
5.0 - Sexual conduct with a young person under 16 - Elements
A person
Has sexual connection
With a young person
Under section 134A of the Crimes Act 1961 what is a defence to sexual conduct with a young person under 16?
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
For Sexual conduct with a young person under 16 what age is a young person defined as?
Under the age of 16 years
5.0 - Sexual conduct with a young person under 16 (attempts) - Act and Section
Crimes Act 1961 Section 134 (2)
5.0 - Sexual conduct with a young person under 16 (attempts) - Elements
A person
Attempts to have sexual connection
With a young person
5.0 - Sexual conduct with a young person under 16 (indecent act) - Act and Section
Crimes Act 1961 134 (3)
5.0 - Sexual conduct with a young person under 16 (indecent act) - Elements
A person
Does an indecent act
With a young person
6.0 - Indecent Assault - Act and Section
Crimes Act 1961 Section 135
6.0 - Indecent Assault - Elements
A person
Indecently assaults
Another person
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
R v Norris
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.
