Sex Flashcards
Sexual violation by rape
S128(1)(a)
- A person
- Rapes
- Another person
Sexual violation by unlawful sexual connection
S128 (1)(b)
- A person
- Has unlawful sexual connection with
- Any other person
Sexual conduct with child under 12
S132(1)(2)(3)
- A person
(1) Has sexual connection with
(2) Attempts to have sexual connection with
(3) Does an indecent act on - A child
Sexual conduct with young person under 16
S134(1)(2)(3)
- A person
(1) Has sexual connection with
(2) Attempts to have sexual connection with
(3) Does an indecent act on - A young person
Person
S128 (1)(a)
Offender
Proven by JN CE. Must have a penis
Sexual violation
S128
Person rapes or has unlawful sexual connection with another
Rape
Penetration of persons genitalia by one’s penis ( including any surgically constructed penis)
- Without consent
- Without believing on RG, there was consent
Penetration
Affected by the slightest degree (proof by victim statement, admissions, medical exam)
Genitalia
R V KOROHEKE - Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina
Consent
must prove
Invalid if
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
R V KOROHEKE
(Consent)
Consent freely given, rather than submission to something unwanted or avoidable
R V COX
(Consent)
Full, voluntary, free, informed. Freely and voluntary given by a person to form rational judgment
R V GUTUAMA
(Consent)
No reasonable person would think there was consent
Another person
(Rape victim)
Proven by JN CE
Must have a vagina (born with or created)
Unlawful sexual connection
- 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
Indecent act
- Does indecent act on another
- Permits person to do indecent act on them
R V COURT
R V DUNN
R V COURT
S132(3)
Conduct that right thinking people will consider an affront to the sexual modesty of complainant
R V DUNN
S132(3)
Indecency must be judged in light of the time, place and circumstances
Child
Under 12 years, gender neutral
R V FORREST AND FORREST
R V FORREST AND FORREST
Best possible evidence birth certificate, ID with same name
Sexual connection
Introduction into genitalia or anus by part of another’s body, object or mouth. Exl legit medical exams
Consent - Not a defence
(Person under 16)
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
Consent (case law)
R V COX
R V KOROHEKE
R V GUTUAMA
Indecent assault
S135
- A person
- Indecently assaults
- Another person
Assault with intent to commit sexual violation - S129(2)
- A person
- Assaults
- Another person
- With intent to commit sexual violation
Incest - S130
- A person
- Has sexual connection
- With a parent, child, siblings, half siblings, grandparent
- And person charged knew of relationship
Sexual conduct (Dependant family member) - S131
- A person
- Has sexual connection
- With a dependant family member
- Over the age of 16
Assaults
The application or attempted application of force to another. Directly or indirectly
Defenses to 134(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
Defense to 134(4)
Not married to the young person at the time
R V LESSON
The definition of indecent assault is an assault accompanied by circumstances of indecency
With a dependant family member
S131(A)
Demonstrate the nature of the relationship, i.e., how they meet the criteria of a dependant family member
R V LEESON
(Indecent assault)
Is an assault accompanied with circumstances of indecency
Sexual violation
A person rapes or has unlawful sexual connection with another person
Rape
A person penetrates another genitalia without their consent and without reasonable grounds for belief that there was consent
Consent
A conscious and voluntary agreement to something desired and proposed
R V COX
R V KOROHEKE
R V GUTUAMA
Assault with intent to commit sexual violation 129(1)
What must be proven
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
Indecent act
-Does indecent act on another
-Permits person to do indecent act on them
R V COURT
R V DUNN
Indecent
An act accompanied by circumstances of indecency
Assault
The act applying or attempting to apply force to the person of another
R V LEESON
The definition of indecent assault is an assault accompanied by circumstances of indecency
Indecent assault- S135
What must be proven
-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
Sexual conduct with a dependant family member - S131
(What is said for a dependant family member)
S131(a)
Demonstrate the nature of the relationship, eg, how they meet the criteria of a dependant family member
131(b) meeting a young person following sexual grooming
(When is it completed)
After grooming either meeting, traveling with intent to meet or arranging/persuading the YP to travel with intent to meet
What is the defence under 131(b)
Taking reasonable steps to establish age and at the time taking the steps believed on RG they were over 16
S44 evidence act
Evidence of sexual experience or sexual disposition of complaints in sexual cases
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
S87 Evidence Act
Privacy as to witness precise address
Witnesses’ particulars (address, ect) will not be subject to questioning or evidence, statements ect
S129(2)
What must be proven
- 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
