Sex Liabilities - Definitions

Question 1

Sexual Connection

Answer 1

Connection effected by the introduction into the genitalia or anus of one person, otherwise than for medical purposes, of
- A part of the body of another person
- An object held or manipulated by another person
OR
Connection between the mouth of tongue of one person and a part of another person’s genitalia or anus
OR
The continuation or connection of a kind described in paragraph (a) or (b)

Question 2

Sexual Violation

Answer 2

Sexual violation is the act of a person who:
Rapes another Person
OR
Has unlawful sexual connection with another Person

Question 3

Rapes

Answer 3

Person (A) rapes person (B), If person (A) has sexual connection with Person, effected by the penetration of person (B) genitalia by person (A) penis:
a) Without person B’s consent to the connection
b) Without believing on reasonable grounds that person B consents to the connection

Question 4

Unlawful Sexual Connection

Answer 4

Person (A) as unlawful sexual connection with Person (B), if person (A) has sexual connection with Person (B):
a) Without person B’s consent to the connection
b) Without believing on reasonable grounds that person B consents to the connection

Question 5

With intent to commit sexual violation of the other person

Answer 5

The crown must prove:
a) Intended to have sexual connection with the complainant AND
b) The complainant did not consent to the intended sexual connection AND
c) The defendant did not believe on reasonable grounds that the complainant was consenting.

Question 6

Sufficiently Proximate

Answer 6

The defendant must have progressed pass the stage of mere preparation and started the process intended to lead to the commission of the full offence.

Question 7

Penetration

Answer 7

Introduction to the slightest degree is enough to effect a connection.

Proof of penetration may be established by
- The complainants evidence
- Medical examination (including physical injuries and DNA evidence)
- The Defendants admissions

Question 8

Object held or manipulated

Answer 8

Any object can be held or manipulated by the other person

Question 9

Assaults another Person (commit sexual violation)

Answer 9

An act of intentionally apply of deliberately apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat causes the other to believe on reasonable grounds, he has the present ability to effect his purpose.

The assault need not to be of an indecent nature provided it is done with the intention of and for the purpose of committing sexual violation.

Question 10

Intent

Answer 10

There must be intention:
- To commit the Act
- To get a specific result

Question 11

Proving Penetration

Answer 11

Proof of penetration may be established by
- The complainants evidence
- Medical examination (including physical injuries and DNA evidence)
- The Defendants admissions

Question 12

Genitalia

Answer 12

The genitalia or genitals (literally: organs of generation) include the penis and testicles of a male and the vulva and vagina of a female.

Genitalia - includes a surgically constructed or reconstructed organ analogous to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).

Question 13

Penis

Answer 13

The penis forms part of the male genitalia, however again the legislation encompasses trans-gender individuals.

Penis - includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).

Question 14

Continuation

Answer 14

The definition of sexual connection includes the continuation of such acts capturing situations where sexual activity is started consensually, but consent is later withdrawn.

Question 15

Young Person

Answer 15

Young Person is under 16 years old

Question 16

Child

Answer 16

Child is under 12 years old

Question 17

A Person

Answer 17

Accepted by Judicial Notice or Proved by Circumstantial Evidence. Must have a penis to rape.

Question 18

Another Person (Rape)

Answer 18

Rape complainant will generally be female; it is a Gender-Neutral offence, given wide statutory definition of genitalia. The person’s biological gender is not relevant.

Question 19

Consent (Sexual Offences Only)

Answer 19

“Consent” a person’s conscious and voluntary agreement to something desired or proposed by another.

The CROWN MUST PROVE (subjective and objective test):

• The complainant didn’t consent to sexual act (subjective).
• The offender did not believe the complainant was consenting (subjective) OR
• If he did believe she was consenting, the grounds for such a belief were not reasonable (objective).

Question 20

Defence - Not Consent (Section 128A - Crimes Act 1961)

Answer 20

• Not protesting or offering physical resistance use of force
• Application of force, threats or fear of force to self or others
• Asleep or unconscious
• Affected by alcohol or drugs
• Affected by mental impairment
• Mistaken ID
• Mistaken as to the nature or quality of the act

Question 21

Attempts to have sexual connection.

Answer 21

Attempts (Section 72 Crimes Act 1961)

1) Everyone who having an intent to commit on offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 22

No Defence - Consent (Section 132 - Crimes Act 1961) - Child

Answer 22

4) it is not a defence to a charge under this section that the person charged believed that the child was of OR over the age of 12 years.

5) It is not a defence to a charge under this section that the child consented.