Sex Crimes

Question 1

What are the Elements for ‘Sexual Violation by Rape’

Answer 1

1. A person
2. Rapes
3. Another person

Question 2

Define ‘sexual violation’

Answer 2

Sexual violation
S128(1) CA61
(1)Sexual violation is the act of a person who:
(a) Rapes another person; or
(b) Has unlawful sexual connection with another person

Question 3

Define ‘Rape’ S128(2) CA61

Answer 3

Rape
S128(2) CA61
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis-

1) without person B consenting to the connection; and
2) without believing on reasonable grounds that person B consents to the connection.

Question 4

Identify 3 offence covered under section 134 CA61 sexual conduct with a young person under 16

Answer 4

• Sexual conduct with a young person
  S134(1) CA61
• attempted sexual conduct with a young person
  S134(2) CA61
• Sexual Conduct with a young person (indecent act)
  S134(3) CA61

Question 5

What are the ingredients of incest S130 CA61

Answer 5

Incest
S130 CA61
(1) Sexual connection is incest if-
(a) It is between to people whose relationship is that of a parent and child, sibling or half sibling or grandparent and grandchild;
and
(b) The person charged knows of the relationship

(2) Everyone of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years

Question 6

For a charge of incest to be proved the offender is required to have a certain knowledge, what is the knowledge?

Answer 6

S130 (1)(b) CA61
The person charged must know of the relationship i.e know that the other is a parent, child etc before or during the relationship.

Question 7

What is the statutory defence to a charge of sexual conduct with a young person? S134(a) CA61

Answer 7

• They had taken reasonable steps to ascertain that the young person was at least 16
  and
• They believed on reasonable grounds that the young person was at least 16
  and
• The young person consented

Question 8

List 4 circumstances that DO NOT constitute consent to sexual connection

Answer 8

S2 CA61

• Not protesting or offering physical resistance to use of force
• Application of force to self or other, threats of force to self or others, fear of force to self or others
• Asleep or unconscious
• So affected by drugs/ alcohol they cannot consent
• so affected by mental/ physical impairment that they cannot consent
• Mistaken ID
• mistaken as to nature and quality of the act

Question 9

Define ‘sexual connection’ S2 CA61

Answer 9

S2 CA61

(a) connection effected by the introduction into the genitalia or anus of one person; other than for genuine medical purpose of;
1) the part of a body of another person; or
2) an object held or manipulated by another person

(b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus
(c) the continuation of a connection of a kind described in paragraph (a) or (b)

Question 10

What are the relationships that come under incest?

Answer 10

• parent and child
• sibling and half sibling
• grandparent and grandchild