Sex

Question 1

Sexual Violation by rape

Answer 1

Section 128(1)(a)

A Person
Rapes
Another Person

Question 2

Sexual Violation by unlawful sexual connection

Answer 2

Section 128(1)(b)

A person
Has unlawful sexual connection
With another person

Question 3

Sexual conduct with a child under 12

Answer 3

A person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) does an indecent act on a child

Question 4

Sexual conduct with a child under 16

Answer 4

A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) does an indecent act on a young person

Question 5

Sexual violation (s128 CA 1961)

Answer 5

Person rapes or has unlawful sexual connection with another.

Question 6

Rape

Answer 6

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

Question 7

Penetration (s2 CA 1961)

Answer 7

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

Question 8

Genitalia (s2 CA 1961)

Answer 8

R v Koroheke – Reproductive organs internal/external, including the vulva and labia
both internal and external at the opening of the vagina.

Question 9

R v Koroheke

Answer 9

Reproductive organs internal/external, including the vulva and labia
both internal and external at the opening of the vagina.

Question 10

Consent

Answer 10

A persons concious and voluntary agreemnt to something desired or proposed by another.

Question 11

S128A consent invalid if;

Answer 11

• 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

Question 12

Crown must prove;

Answer 12

• Complainant did not consent
• Offender didn’t believe they consented
• If he believes she did consent, grounds for belief were unreasonable

Question 13

R v Cox

Answer 13

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

Question 14

R v Koroheke (2)

Answer 14

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

Question 15

R v Gutuama

Answer 15

No reasonable person would think there was consent.

Question 16

Unlawful sexual connection (s128 CA 1961)

Answer 16

• Introduction into genitalia or anus by part of another’s body, object or mouth.
  Excl legit medical exams etc. (s2 CA1961)
• No consent
• No belief, on reasonable grounds, there was consent given

Question 17

R v Forest and Forest

Answer 17

Best possible evidence adduced from age.

Question 18

Child

Answer 18

Under 12 years old

Question 19

Defences for Sexual conduct with young person under 16

Answer 19

134A – Young person Consented / Offender must take reasonable steps to find out age /
believe on reasonable grounds at the time that the young person was
over 16.

Question 20

A young person

Answer 20

Under 16 years

Question 21

Not defences for Sexual conduct with child under 12

Answer 21

S132(4) – not a defence they believed child was over 12
S132(5) Consent is not a defence.