Sex offences(1) Q & A

Question 1

List the two main forms of sexual violation.

Answer 1

The two forms of sexual violation are rape and unlawful sexual connection.

Question 2

Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961.

Answer 2

Section 128B of the Crimes Act 1961 outlines that the punishment for sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule.

Question 3

Define the term ‘genitalia’.

Answer 3

Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation, it does not include pubic hair or breasts. It also includes surgically constructed organs.

Question 4

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 4

In proving that consent was not present in a case of sexual violation, the Crown must prove that:

• the victim did not consent, or
• the victim’s consent was not valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting.

Question 5

Discuss the two elements that need to be proved in a charge of Assault with Intent to Commit Sexual Violation, section 129 Crimes Act 1961.

Answer 5

The two elements to be proved in the charge of assault with intent to commit sexual violation are that the offender:

• assaulted the victim, and
• intended to commit sexual violation.

Question 6

What is the definition of ‘consent’?

Answer 6

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

Question 7

Define ‘sexual connection’.

Answer 7

Sexual connection means -

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).