Sex Offences

Question 1

Case law -Sex offences R v COX

Answer 1

EXTRA BITS: don’t exclude the possibility that a child may be able to give consent - it would be exceptional circumstances tho.
Even if a child indicates consent, no reasonable adult would have grounds to believe they have the experience/maturity to consent.
Imagine the previous COX pic, but with a child in place of the woman.

Question 2

Case law -Sex offences R v KOROHEKE (x2)

Answer 2

1. The genitalia comprise the reproduction organs, interior and exterior.
2. 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

Question 3

Case law -Sex offences R V GUTUAMA

Answer 3

OBJECTIVE TEST - Crown must prove that “no reasonable person in the accused’s shoes could have thought the complainant was consenting”.
(perhaps think of that Somali guy in wellington who raped his granddaughter and she died of aids – he was acquitted – GUTUAMA sounds like a Somali name?)

Question 4

Case law -Sex offences R V HARPUR

Answer 4

Conduct viewed cumulatively up to the point when the conduct in question stops.
Defendant’s conduct may be considered in its entirety. (How much remains to be done is relevant, though not determinative.)

Question 5

Case law -Sex offences R V COURT

Answer 5

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
(court – tennis - A tennis coach holds his students bottom while she serves – says it helps with her serve.)

Question 6

Case law -Sex offences R V LEESON

Answer 6

The definition of ‘indecent assault’ … is an assault accompanied with circumstances of indecency
LEESON – “LESSON”… Teacher giving lesson in CPR while whispering in child’s ear about sex.