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Sex Flashcards

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1
Q

Sexual violation by rape
S128(1)(a)

A
  • A person
  • Rapes
  • Another person
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2
Q

Sexual violation by unlawful sexual connection
S128 (1)(b)

A
  • A person
  • Has unlawful sexual connection with
  • Any other person
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3
Q

Sexual conduct with child under 12
S132(1)(2)(3)

A
  • A person
    (1) Has sexual connection with
    (2) Attempts to have sexual connection with
    (3) Does an indecent act on
  • A child
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4
Q

Sexual conduct with young person under 16
S134(1)(2)(3)

A
  • A person
    (1) Has sexual connection with
    (2) Attempts to have sexual connection with
    (3) Does an indecent act on
  • A young person
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5
Q

Person
S128 (1)(a)
Offender

A

Proven by JN CE. Must have a penis

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6
Q

Sexual violation
S128

A

Person rapes or has unlawful sexual connection with another

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7
Q

Rape

A

Penetration of persons genitalia by one’s penis ( including any surgically constructed penis)
- Without consent
- Without believing on RG, there was consent

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8
Q

Penetration

A

Affected by the slightest degree (proof by victim statement, admissions, medical exam)

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9
Q

Genitalia

A

R V KOROHEKE - Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina

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10
Q

Consent
must prove
Invalid if

A

Crown must prove:
-Complainant did not consent
-Offender did not believe they consented
- If he believes they did consent, grounds for belief were unreasonable

CONSENT INVALID IF:
- Resisting or protest
- Threat, fear, force
- Asleep, unconscious
- Affected by alcohol/drugs
- Intellectual mental/physical impairment
- Mistake ID
- Mistake to nature and quality of act

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11
Q

R V KOROHEKE
(Consent)

A

Consent freely given, rather than submission to something unwanted or avoidable

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12
Q

R V COX
(Consent)

A

Full, voluntary, free, informed. Freely and voluntary given by a person to form rational judgment

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13
Q

R V GUTUAMA
(Consent)

A

No reasonable person would think there was consent

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14
Q

Another person
(Rape victim)

A

Proven by JN CE
Must have a vagina (born with or created)

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15
Q

Unlawful sexual connection

A
  • Introduction into genitalia or anus by part of another body, object, or mouth. Ecl legit medical exams, etc
  • No consent
  • No belief, on RG, there was consent given
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16
Q

Indecent act

A
  • Does indecent act on another
  • Permits person to do indecent act on them

R V COURT
R V DUNN

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17
Q

R V COURT
S132(3)

A

Conduct that right thinking people will consider an affront to the sexual modesty of complainant

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18
Q

R V DUNN
S132(3)

A

Indecency must be judged in light of the time, place and circumstances

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19
Q

Child

A

Under 12 years, gender neutral

R V FORREST AND FORREST

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20
Q

R V FORREST AND FORREST

A

Best possible evidence birth certificate, ID with same name

21
Q

Sexual connection

A

Introduction into genitalia or anus by part of another’s body, object or mouth. Exl legit medical exams

22
Q

Consent - Not a defence
(Person under 16)

A

12-15 year Olds can provide consent
Defenses - Offender must take reasonable steps to find out age/believe on reasonable grounds at the time that the young person was over 16yrs

23
Q

Consent (case law)

A

R V COX
R V KOROHEKE
R V GUTUAMA

24
Q

Indecent assault
S135

A
  • A person
  • Indecently assaults
  • Another person
25
Q

Assault with intent to commit sexual violation - S129(2)

A
  • A person
  • Assaults
  • Another person
  • With intent to commit sexual violation
26
Q

Incest - S130

A
  • A person
  • Has sexual connection
  • With a parent, child, siblings, half siblings, grandparent
  • And person charged knew of relationship
27
Q

Sexual conduct (Dependant family member) - S131

A
  • A person
  • Has sexual connection
  • With a dependant family member
  • Over the age of 16
28
Q

Assaults

A

The application or attempted application of force to another. Directly or indirectly

29
Q

Defenses to 134(A)

A

Consent /Offender must take reasonable steps to find out age/ believe on reasonable grounds at the time that the young person was over 16

30
Q

Defense to 134(4)

A

Not married to the young person at the time

31
Q

R V LESSON

A

The definition of indecent assault is an assault accompanied by circumstances of indecency

32
Q

With a dependant family member
S131(A)

A

Demonstrate the nature of the relationship, i.e., how they meet the criteria of a dependant family member

33
Q

R V LEESON
(Indecent assault)

A

Is an assault accompanied with circumstances of indecency

34
Q

Sexual violation

A

A person rapes or has unlawful sexual connection with another person

35
Q

Rape

A

A person penetrates another genitalia without their consent and without reasonable grounds for belief that there was consent

36
Q

Consent

A

A conscious and voluntary agreement to something desired and proposed
R V COX
R V KOROHEKE
R V GUTUAMA

37
Q

Assault with intent to commit sexual violation 129(1)

What must be proven

A

The defendant intended to sexually violate the victim

The complaint did not consent

That the defendant did not believe on RG that the victim was consenting

38
Q

Indecent act

A

-Does indecent act on another
-Permits person to do indecent act on them

R V COURT
R V DUNN

39
Q

Indecent

A

An act accompanied by circumstances of indecency

40
Q

Assault

A

The act applying or attempting to apply force to the person of another

41
Q

R V LEESON

A

The definition of indecent assault is an assault accompanied by circumstances of indecency

42
Q

Indecent assault- S135
What must be proven

A

-That the defendant intended to assault the complaint
-That the circumstances accompanying the assault were indecent
-That the defendant intended the conduct that a reasonable person would consider indecent

43
Q

Sexual conduct with a dependant family member - S131

(What is said for a dependant family member)

A

S131(a)
Demonstrate the nature of the relationship, eg, how they meet the criteria of a dependant family member

44
Q

131(b) meeting a young person following sexual grooming
(When is it completed)

A

After grooming either meeting, traveling with intent to meet or arranging/persuading the YP to travel with intent to meet

45
Q

What is the defence under 131(b)

A

Taking reasonable steps to establish age and at the time taking the steps believed on RG they were over 16

46
Q

S44 evidence act
Evidence of sexual experience or sexual disposition of complaints in sexual cases

A

In sexual cases, unless a judge gives permission, no evidence can be given, and no question can be put to a witness that relates directly or indirectly to any of the sexual complaint

47
Q

S87 Evidence Act
Privacy as to witness precise address

A

Witnesses’ particulars (address, ect) will not be subject to questioning or evidence, statements ect

48
Q

S129(2)
What must be proven

A
  • The defendant intended to sexually violate the victim
  • That the complaint did not consent
  • That the defendant did not believe on RG that the victim was consenting

101 (5 decks)

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