Sex Flashcards
Sexual violation by rape
Section 128 (1)(a), CA61
Elements
– a person
– rapes
– another person
Sexual violation by unlawful sexual connection
Section 128(1)(b)
Elements
– a person
– has unlawful sexual connection
- With another person
Assault with intent to commit sexual violation
(Not a liability)
Section 129(2)
Elements
– a person
– assaults
– another person
– within intent to commit sexual violation of the other person
Sexual conduct with a child under 12
Section 132, CA 61
- A person
1) has sexual connection with a child
2) attempts to have sexual connection with a child
3) do an indecent act on a child child
Child-under11 years old
Sexual conduct with a young person under 16
Section 134, CA 61
– a person
1)Has sexual connection with a young person
2)Attempts to have sexual connection with a young person
3) Does an decent act on a young person
Indecent assault
Section 135 crimes act 61
-A person
-Indecently Assaults
-Another person
What must be proved for sexual violation
- There was intentional act by the offender involving sexual connection AND
- The complainant did not consent to the act AND
- The offender did not believe the complainant was consenting OR
- He did believe she was consenting, the grounds for such a belief were not reasonable
Sexual violation definition
The act of a person who
a) rapes another person OR b
b) has unlawful sexual connection with another person
Sexual connection definition
a) connection affected by the introduction into the genitalia or anus of one person, otherwise then for genuine medical purposes, of;
i) a part of the body of another person or
ii) an object held or manipulated by another person or
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
c) the continuation of connection of the kind described in paragraph a or b
Introduction into/ penetrating
Introduction into - sexual connection
Penetration- rape
In practice there is no difference
Penetration
S2 CA: Slightest degree is enough to effect a connection, no matter how slight or fleeting.
Proving penetration
Penetration triangle
-complainants evidence
-Medical examination (physical injuries and DNA evidence)
-the defendants admissions
Genitalia
(And case law)
… included surgical contracted or reconstructed organ analogous to naturally occurring male or female genitalia.
Male- penis and testicles
Female - vagina and vulva
R v Koroheke
The genitalia comprise the reproduction organs, interior or exterior, they include the vulva and labia, both interior and exterior, and the opening of the vagina
Penis
S2, CA61, Penis includes surgically constructed or reconstructed organ analogous to a naturally occurring penis
Anus
Anus is not genitalia therefore penile penetration does not constitute sexual violation by rape but is sexual violation by unlawful sexual connection