Sex Flashcards
R v Koroheke
Genitalia comprise the reproductive organs, interior and exterior. They include the vulva and labia, both interior and exterior, at the opening of the vagina.
Rape
Penetration of persons genitalia by one’s penis (incl. surgical) without consent or without believing on reasonable grounds there was consent.
Penetration
Affected by the slightest degree.
R v Cox
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form rational judgement.
R v Koroheke
Consent freely given, rather than submission to something unwanted or avoidable.
R v Gutuama
No reasonable person would think there was consent.
s128A Consent invalid if…
- Just because does not protest or offer physical resistance.
- Threat, fear, force (them or other person).
- Asleep or unconscious.
- So affected by alcohol/drugs.
- Intellectual/mental/physical impairment.
- Mistaken ID
- Mistaken about nature/quality
R v Court
Conduct that right-thinking people will consider an affront to the sexual modesty of complainant.
R v Dunn
Indecency must be judged in light of the time, place and circumstances.
R v Leeson
Indecent assault = assault accompanied with circumstances of indecency.
Sexual connection
Introduction into genitalia or anus by part of another’s body, object or mouth. Excludes legitimate medical exams.
Prosecution must prove…
- Intentional act involving sexual connection.
- No consent AND
- Offender did not believe consent OR
- If belief, grounds for belief were not reasonable.
Prosecution must prove…
- Intentional act involving sexual connection.
- No consent AND
- Offender did not believe consent ORC
- If belief, grounds for belief were not reasonable.
Consent
Is a person’s conscious and voluntary agreement to something desired or proposed by another.
s132(4)
It is not a defence that the person believed that the child was over 12.
