Sex Offences Flashcards
Elements of Sexual Violation by Rape?
A person
Rapes
Another Person
S128(1)(a) CA 1961
Elements of Sexual Violation by Unlawful Sexual Connection
A person
Has unlawful sexual connection
With another person
S128(1)(b) Crimes Act
Elements of Assault with Intent to Commit Sexual Violation
A person
Assaults
Another Person
With intent to commit sexual violation of the other person
S129(2) CA 1961
Elements of Sexual Conduct with a Child Under 12
A person
Has Sexual Connection With a Child
OR
Attempts to Have Sexual Connection With a Child
OR
Does an Indecent Act on a Child
S132 CA 1961
Elements of Sexual Violation With a Young Person Under 16
A Person
Has Sexual Connection With a Young Person
OR
Attempts to Have Sexual Connection with a Young Person
OR
Does an Indecent Act on a Young Person
S134 CA 1961
Elements of Indecent Assault
A person
Indecently Assaults
Another person
S 135 CA 1961
R v Koroheke
The genatlia comprise the reproductive organs, interior and exterior… they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina
R v Cox?
Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement.
R v Gutuama?
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have though that [the complainant] was consenting”.
R v Forrest and Forrest
“The best evidence possible in the circumstance should be adduced by the prosecution in proof of [the victim’s] age”.
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].
R v Leeson
“The definition of ‘indecent assault’ … is an assault
accompanied with circumstances of indecency …”
Definition of Sexual Connection
The introduction into the genitalia or anus of one person part of another person’s body OR an object held or manipulated by another person.
OR
connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
Definition of rape
Having sexual connection by penetrating genitalia without consent
What makes sexual connection unlawful?
The victim did not consent (subjective test)
The offender knew that the victim did not consent (subjective) OR any reasonable person in the victim’s shoes would not believe that they had consent.
