Sex Flashcards
In all cases of sexual violation the prosecution must prove beyond a reasonable doubt that…
- There was an intentional act by the offender involving sexual connection with the complainant and
- the complainant did not consent to the sexual act and
- the offender did not believe the complainant was consenting or
- if he did believe she was consenting, the grounds for such a believe we’re not reasonable.
Reasonable grounds to establish consent.
S
S
O
-Subjective test
The complainant did not consent to the sexual act and
-Subjective test
The offender did not believe the complainant was consenting or
-Objective test
If he did believe she was consenting, the grounds for such a believe we’re not reasonable
What is the definition of consent and what is the caselaw for consent?
Consent as a person is conscious and voluntary agreement to something desirable proposed by another
R v Cox
Consent must be full voluntary free and informed… Freely and voluntarily given by a person in a position to form a rational judgment
R v Gutuama
R v Gutuama
Under the objective test the crown must prove that no reasonable person and the accused shoes could have thought that the complainant was consenting.
What is the difference between penetration and introduction?
What is the definition of penetration?
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to affect the connection
How do you prove penetration?
- The complainants evidence
- medical examination, DNA, injuries
- accused admissions
What is the definition of genitalia?
What is the caselaw for genitalia?
Genitalia include surgically constructed or reconstructed Organs analogues to naturally occurring male or female genitalia, whether the person concerned is a male, female, or of indeterminate sex.
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior… They include the vulva, the labia, both interior and exterior, at the opening of the vagina.
What is the definition of penis?
Penis includes a surgically constructed or reconstructed organ analogues to a naturally occurring penis, whether the person concerned is male, female or of indeterminate sex
Matters that do not constitute consent?
- Not protesting or offering resistance to use of force
- application of force to self or other, threats of force to self or other, or fear of force to self or other
- asleep or unconscious
- so affected by drugs/alcohol they cannot consent
- so affected by mental or physical impairment They cannot consent
- mistaken ID
- Mistaken as to the nature and quality of the act
What is the Section, elements, and definition topics including caselaw for sexual conduct with a child under 12?
132[1], crimes act 1961
- Everyone
2.Has sexual connection Sexual connection Penetration Proof of penetration Genitalia R v Koroheke
- With a child
Child
Proving age
R V forest and forest
What is the section, elements, definition titles and caselaw for sexual violation by rape?
128[1] [a], crimes act 1961
- A person
- Rapes
Rape
Penetration
Proof of penetration
Genitalia
RV Koroheke
Penis
Consent
R v Cox
Matters that do not constitute consent
Reasonable grounds
R v Gutuama - another person
What is the section, elements, definition titles for indecent assault?
135 crimes act 1961
1.everyone who
2.indecent assault
Indecent act
R v Leeson
R v Court
Assault
3.person
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency
Indecent act
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public Moral values.
R v Court
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant
Assault
Applying or attempting to apply force to the person of another directly or indirectly or threatening buy any act or gesture to supply such force to the person of another if the person making the threat has or causes the other to believe on reasonable grounds that he has present ability to affect his purpose and to assault has a corresponding meaning
What is the section, elements, definition titles for sexual violation by unlawful sexual connection
128[1] [B] crimes at 1961 1.a person 2.has unlawful sexual connection Unlawful sexual connection sexual connection Penetration Proof of penetration Genitalia R v Koroheke Consent R v Cox Matters that do not constitute consent Reasonable grounds R v Gutuama 3.with another person
What is the section, elements, definition titles and case law for indecent act on a child under 12
1.everyone
2.does an indecent act
Indecent act
R v Court
If such an act is done with the consent of the child it is a material weather…
Doing an indecent act on a child..
3. On a child
Child
Proving age
R v Forrest in Forest
What Is the elements, definition, caselaw for assault with intent to commit sexual violation?
129[2] crimes Act 1961
1.a person
2.assaults another person
Assault
3. With intent to commit sexual violation
Intent
R v Mohan
R v Waaka
Sexual violation
Rape
Or
Unlawful sexual connection
Sexual connection
4.of the other person
R v Mohan
Decision to bring about and so far as it lies with in the accused power of the commission of the offense
R v Waaka
A fleeting a passing thought is not sufficient there must be a firm intent or purpose to affect an act
Proving age and caselaw
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v forrest and forrest
In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate
What is the defense to charge under section 134?
It is a defense to a charge under section 134 if the person charge proves that:
A] before the time of the act concerned he had taken reasonable steps to find out if the young person was over 16 and
B] at the time of the act he believed on reasonable grounds that the young person was over 16 and
C] The young person consented
