Sex Offences Flashcards
Sexual Violation by Rape
(Act & Section)
Section 128(1)(a), Crimes Act 1961
Sexual Violation by Rape
(elements)
- A person
- Rapes
- Another person
Sexual Violation by Unlawful Sexual Connection
(Act & Section)
Section 128(1)(b), Crimes Act 1961
Sexual Violation by Unlawful Sexual Connection
(elements)
- A person
- Has Unlawful Sexual Connection
- With another person
Assault with Intent to Commit Sexual Volation
(Act & Section)
Section 129(2), Crimes Act 1961
Assault with Intent to Commit Sexual Volation
(elements)
- A person
- Assaults
- Another person
- With Intent to commit sexual violation of the other person.
Incest
(Act & Section)
Section 130(1), Crimes Act 1961
Incest
(elements)
- A person
- Has sexual connection
- with a person whose relationship is that of parent and child, siblings, half-siblings, grandparent and grandchild
- the person charged knows of the relationship
Sexual Conduct with a Dependent Family Member
(Act & Section)
Section 131(1)/(2)/(3), Crimes Act 1961
Sexual Conduct with Dependent Family Member
(elements)
- A person
- (1) has sexual connection with a dependent family memebr
- (2) attempts to have sexual connection with a depedent family member
- (3) does an indecent act on a dependent family member
- under the age of 18 years
Sexual Conduct with a Child Under 12
(Act & Section)
Section 132(1)/(2)/(3), Crimes Act 1961
Sexual Conduct with a Child Under 12
(elements)
- A person
- (1) has sexual connection with
- (2) attempts to have sexual connection with
- (3) does an indecent act on
- a child
Sexual Conduct with a Young Person Under 16
(Act & Section)
Section 134(1)/(2)/(3), Crimes Act 1961
Sexual Conduct with a Young Person Under 16
(elements)
- A person
- (1) has sexual connection with
- (2) attempts to have sexual connection with
- (3) does an indecent act on
- a young person
Indecent Assault
(Act & Section)
Section 135, Crimes Act 1961
Indecent Assault
(elements)
- A person
- Indecently assaults
- Another person
Rape (define)
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
Unlawful Sexual Connection (define)
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
Defence to Charge under Section 134
Section 134A
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person 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
Assault in section 135
Section 135 requires proof of an assault, although it does not need to be forceful or violent; a gentle caress may suffice. Given the wider definition of assault, indecent assault may include attempts to apply force and threats or gesture to apply force in circumstances of indecency. An accidental or neglegent application of force is not enough. The slightest touching can amount to an assault. It is not necessary the victim be aware of the threat or gesture.
Sexual Connection (define)
(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)
Genitalia (define)
Genitalia 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)
(the penis and testicles of a male, and the vagina and vulva of a female)
Genitalia (case law)
R v Koroheke
Genitalia (R v Koroheke held)
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.
Penis (define)
Penis includes a sergically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex)
Penetration (define)
Section 2(1A) Crimes Act 1961
Introduction to the slightest degree is enough to effect a connection
Proving Penetration
proof of penetration may be established by:
- the complainant’s evidence
- medical examination, including physical injuries and DNA evidence
- the defendant’s admissions
Indecent Assault (case law)
R v Leeson
Indecent Assault (R v Leeson held)
The definition of indecent assault… is an assault accompanied with circumstances of indecency
Indecency (case law)
R v Court
Indecency (R v Court held)
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”