Sex

Question 1

Section 128(1)(a), Crimes Act 1961

Answer 1

Sexual Violation (Rape)

Question 2

Elements of Sexual Violation (Rape)

Answer 2

A person
Rapes
Another person

Question 3

Sexual Violation:

Answer 3

Sexual Violation is the act of a person who:
a) Rapes another person
b) Has unlawful sexual connection with another person

Question 4

Rapes:

Answer 4

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, and
b) Without believing on reasonable grounds that person B consents to the connection.

Question 5

Penetration:

Answer 5

Introduction of the slightest degree is enough to effect penetration.

Question 6

List three ways penetration can be established.

Answer 6

1) Victim statement
2) Medical examination and DNA evidence
3) Offenders admissions

Question 7

Sexual connection:

Answer 7

Connection effected by the introduction into the genitalia or anus of one person, other than for genuine medical purposes, by:
i) A part of the body of another person, or
ii) Any object held or manipulated by another person, or

b) The connection between the mouth of one person and the genitalia or anus of another person, or

c) The continuation of a kind described in a) or b).

Question 8

Consent:

Answer 8

D: Consent is a persons conscious and voluntary agreement to the desire or proposal of another person.

Question 9

R v Cox (Consent)

Answer 9

R v Cox - Consent must be free, voluntary, informed and full. Freely and voluntarily given by a person in a position to form a rationale judgement.

Question 10

R v Koroheke (Consent)

Answer 10

R v Koroheke - Consent must be freely given, submission to something unwanted or unavoidable due to fear of the consequences of refusing is not true consent.

Question 11

R v Gutuama (Consent)

Answer 11

R v Gutuama - The Crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting. (Objective test).

Question 12

Genitalia: (Case law)

Answer 12

R v Koroheke - Genitalia comprise of the reproduction organs, internal and external. Includes the vulva and labia, interior and exterior, at the opening of the vagina.

Question 13

What must the Crown prove in a rape?

Answer 13

The Complainant did not consent to the connection, and

The Defendant did not believe the Complainant consented, or

If the Defendant did believe the Complainant consented, the grounds for such belief were unreasonable.

Question 14

Invalid consent: Section 128A

(Tip - RFAAIMM)

Answer 14

Resistance or protest
Fear, force, threats
Alcohol or drugs
Asleep or unconscious
Intellectual, mental or physical condition or impairment
Mistaken ID
Mistaken as to nature or quality of the act

Question 15

Section 128(1)(b), Crimes Act 1961

Answer 15

Sexual Violation (Unlawful sexual connection)

Question 16

Elements of Sexual Violation (Unlawful sexual connection)

Answer 16

A person
Has unlawful sexual connection with
Another person

Question 17

Sexual violation:

Answer 17

Sexual violation is the act of a person who:
a) Rapes another person, or
b) Has unlawful sexual connection with another person

Question 18

Unlawful sexual connection:

Answer 18

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 19

Sexual connection:

Answer 19

a) Connection effected by the introduction into the genitalia or anus of person, other than for genuine medical purposed, of:
i) A part of the body of another person, or
ii) Any object held or manipulated by another person, or
b) The connection between the mouth or tongue of one person and another person’s genitalia or anus, or
c) The continuation of a kind described in a) or b).