Sex Flashcards
Sexual Violation by rape
Section 128(1)(a)
A Person
Rapes
Another Person
Sexual Violation by unlawful sexual connection
Section 128(1)(b)
A person
Has unlawful sexual connection
With another person
Sexual conduct with a child under 12
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
Sexual conduct with a child under 16
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
Sexual violation (s128 CA 1961)
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 (s2 CA 1961)
Affected by the slightest degree. (Proof by victim statement, admissions, medical
exam)
Genitalia (s2 CA 1961)
R v Koroheke – Reproductive organs internal/external, including the vulva and labia
both internal and external at the opening of the vagina.
R v Koroheke
Reproductive organs internal/external, including the vulva and labia
both internal and external at the opening of the vagina.
Consent
A persons concious and voluntary agreemnt to something desired or proposed by another.
S128A 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
Crown must prove;
- Complainant did not consent
- Offender didn’t believe they consented
- If he believes she did consent, grounds for belief were unreasonable
R v Cox
Full, voluntary, free and informed. Freely and voluntary given by a person
to form rational judgement.
R v Koroheke (2)
Consent freely given, rather than submission to something unwanted
or avoidable.
R v Gutuama
No reasonable person would think there was consent.
Unlawful sexual connection (s128 CA 1961)
- 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
R v Forest and Forest
Best possible evidence adduced from age.
Child
Under 12 years old
Defences for Sexual conduct with young person under 16
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.
A young person
Under 16 years
Not defences for Sexual conduct with child under 12
S132(4) – not a defence they believed child was over 12
S132(5) Consent is not a defence.
