Sex Offences Flashcards
Sexual Violation by Rape
S128(1)(a) CA 1961
A person
Rapes
Another person
Sexual Violation by Unlawful Sexual Connection
S128(1)(b) CA 1961
A person
Has unlawful sexual connection
With another person
Assault with Intent to Commit Sexual Violation
S129(2) CA 1961
A person
Assaults
Another person
With intent to commit sexual violation of the other person
Sexual Conduct with a Child Under 12
S132 CA 1961
A person
(1) has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child.
Sexual Conduct with a Young Person under 16
S134 CA 1961
A person
(1) Has sexual connection with a young person.
(2) Attempts to have sexual connection with a young person.
(3) Does an indecent act on a young person.
Indecent Assault
S135 CA 1961
A person
Indecently assaults
Another person
S128A CA 1961 (Consent cannot be obtained under the following)
FAAILMM
Force
Alcohol or drugs
Asleep or unconscious
Intellectually, mentally or physically impaired.
Lack of resistance/protest
Mistaken Identity
Mistake as to nature or quality
Penetration
Penetration is introduction to the slightest degree, no matter how slight of fleeting, is enough to effect connection.
Genitalia
Reproductive organs (Penis, testicles, vagina, vulva)
R v Koroheke (Genitalia)
Genitalia compromises of the reproductive organs, interior and exterior including the vulva, labia, and exterior and interior of the opening of the vagina.
Rape
Specific form of sexual violation that involves non consensual penetration of the complainants’ genitalia by the offenders penis.
Continuation
Where consensual sex is commenced, but consent is later withdrawn. There is an obligation to stop.
Consent
A persons conscious and voluntary agreement to something desired or proposed.
R v Cox
Consent must be full, voluntary, free and informed. Must be given by a person of rational judgement.
R v Gutuama
Under the objective test the crown must prove that “no reasonable person in the accused shoes would believe the complainant was consenting.”