Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sex Offences Module > Sex Offences > Flashcards

Sex Offences Flashcards

1
Q

Rape - Act and Section and elements

A

Sexual Violation by rape

Section 128(1)(a), Crimes Act 1961

A person

Rapes

Another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What must be proved?

A
  • 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 off ender did not believe the complainant was consenting, or
  • if the offender did believe the complainant was consenting, the grounds for such a belief were not reasonable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

No legal spousal defence

A

Section 128(4) makes it clear that a spouse who sexually violates their spouse has no legal defence due to the fact that the couple are legally married (before 1986, a man may have had such a defence).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sexual violation

A

Section 128B, Crimes Act 1961

(1) Every one who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.
(2) A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.
(3) The matters are-
(a) the particular circumstances of the person convicted; and
(b) the particular circumstances of the offence, including the nature of the conduct constituting it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Sexual violation defined

A

( 1) Sexual violation is the act of a person who-
( a) rapes another person; or
(b) has unlawful sexual connection with another person.
(2) 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,-
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
(3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B-
( a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
( 4) One person may be convicted of the sexual violation of another person at a time when they were married to each other.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Penetration

A

Introduction to the slightest degree is enough to effect a connection

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Proving penetration

A

May be established by:

The complainants evidence

Medical examination, including physical injuries and DNA evidence

The Defendant’s admissions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Genitalia - Definition

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

R v Koroheke (genitalia)

A

The genitalia comprise the reproduction organs, interior and exterior…. they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Penis - definition

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What was held in R v N?

A

It is sufficiently proved by penetration of the vulva by the penis……. proof of penetration of the vagina is not required

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Who can commit rape?

A

Anybody with a penis is therefore capable of committing rape, irrespective of their biological gender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

No presumption because of age

A

There is no presumption oflaw that a person is incapable of sexual connection because of his or her age.

This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection.

Therefore it would not be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Rape - Definition

A

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 -

(a) without Person B’s consent; and
(b) without believing on reasonable grounds that person B consents to the connection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Unlawful sexual connection - Definition

A

Person A has unlawful sexual connection with person B if person A has sexual
connection with person B-
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the
connection.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Sexual connection - Definition

A

(a) connection affected by the introduction to 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 (b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Consent

A

Is a persons conscious and voluntary agreement to something desired or proposed by another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

R v Cox (consent)

A

Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgment.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

R v Gutuama

A

Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Section 128B, Crimes Act 1961

Sexual Violation

A

(1) Everyone who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.
(2) A person convicted of sexual violation must be sentenced to imprisonment unless, having regard to the matters stated in subsection (3), the court thinks that the person should not be sentenced to imprisonment.

(3) The matters are -
(a) the particular circumstances of the person convicted; and
(b) the particular circumstances of the offences, including the nature of the conduct constituting it.

21
Q

Continuation

A

Situations where sexual activity is started consensually, but consent is later withdrawn.

There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing - failure to do so may render a previously consensual act unlawful

22
Q

What must the Crown prove?

A

The complainant did not consent to the sexual act (subjective test), and

The offender did not believe the complainant was consenting (subjective test), or

If he did believe she was consenting, the grounds for such a belief were not reasonable (objective test)

23
Q

Section 128A, CA 1961

A

A person does not consent when -

Does not protest or offer physical resistance to the activity

Fear for them-self or another person from threats of violence or being harmed.

They are asleep or unconscious

Affected by drugs and cannot consent or refuse to the activity

Are intellectually, mentally or physical condition or impairment of such a nature and degree that they cannot consent or refuse to the activity

Due to mistaken identity, eg twins, catfishing.

Mistaken about the nature and quality

24
Q

R v Koroheke (consent)

A

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.

25
Q

R v Collister

A

Circumstantial evidence from which an offenders intent may be inferred can include:

The offenders actions and words before, during and after the event.

The surrounding circumstances

The nature of the act itself

26
Q

R v Harpur (act)

A

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

27
Q

R v Harpur (conduct)

A

[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…. The defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done…… is always relevant, though not determinative.

28
Q

Assault with intent to commit sexual violation - Act & section & elements

A

Crimes act 1961, section 129(2)

A person

Assaults

Another person

With intent to commit sexual violation

29
Q

Assault defined

A

Section 2 Crimes Act 1961
Assault means the act of intentionally applying or attempting to 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 has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose

30
Q

Incest

Act & section & elements

A

Crimes Act 1961, section 130(1)

A person

Has sexual connection

With a parent and a child or siblings, half-siblings or grandparents and grandchild

And the person charged knew of the relationship

31
Q

Sexual conduct with a dependent family member - Act & section & elements

A

Crimes Act 1961, section 131(1)

A person

Has sexual connection

With a dependant family member

Under the age of 18

32
Q

Dependent family member

A

Can be a step parent, Aunty or uncle. Someone who has authority over the 16 or 17 year old child.

33
Q

Young person

A

A child aged between 13 and 15.

34
Q

A child

A

A child aged 12 and under.

35
Q

Sexual conduct with a child under 12 -

Act & section & elements

A

Crimes Act 1961, section 132(1)

A person

Has sexual connection

With a child under 12

36
Q

Sexual conduct with a child under 12 - Act & section & elements

A

Crimes Act 1961, section 132

A person

Has sexual connection - section 132(1)
Attempts to have sexual connection - section 132(2)
Does indecent act - section 132(3)

With a child under 12

37
Q

Sexual conduct with a young person under 16 - Act & section & elements

A

Crimes Act 1961, section 134

A person

Has sexual connection - section 134(1)
Attempts to have sexual connection - section 134(2)
Does indecent act - section 134(3)

With a young person under 16

38
Q

R v Cox (child consent)

A

Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.

39
Q

R v Cox (reasonable adult)

A

Save in exceptional and rare circumstances…. even where she indicates an agreement to the act occurring…. no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act

40
Q

R v Forrest and Forrest

A

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

41
Q

R v Court (indecency)

A

Indecency means, “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

42
Q

Defence to charge under section 134

A

(1) it is a defence to a charge under section 134 if the person charged proves that -
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented

(2) Except to the extent provided in subsection (1) -
(a) it is not a defence to a charge under section 134 that the young person concerned consented; and
(b) it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.

43
Q

Section 134 defence summarised

A

The defendant proves -

They had take reasonable steps to ascertain that the young person was of or over the age of 16, and

And at the time of the sexual activity they believed in reasonable grounds that the young person was of or over the age of 16, and

The young person consented

44
Q

R v Leeson (indecency)

A

The definition of indecent assault …… is an assault accompanied with circumstances of indecency

45
Q

Indecent assault - Act & section & elements

A

Crimes Act 1961, Section 135

A person

Indecently assaults

Another person

46
Q

Person

A

Accepted by judicial notice or proved by circumstantial evidence

47
Q

Sexual exploitation - Person with Significant impairment - Act & Section

A

Crimes Act 1961, section 138

48
Q

Failure to protect a child or vulnerable adult - Act & Section

A

Crimes Act 1961, section 195A

Sex Offences Module (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions