SEX OFFENCES Flashcards
Liability: SEXUAL VIOLATION BY RAPE
S128(1)(a) Crimes Act 1961
A person
Rapes
Another person
PERSON *
Accepted by judicial notice or proved by circumstantial evidence.
Must have a penis to rape.
SEXUAL VIOLATION *
S128 Crimes Act 1961
Sexual violation is the act of a person who:
- rapes another person
- has unlawful sexual connection with another person
RAPE *
S128 Crimes Act 1961
A rapes B if A has sexual connection with B effected by the penetration of B’s genitalia by A’s penis –
- without B’s consent to the connection and
- without believing on reasonable grounds that B consents to the connection
PENETRATION *
S2(1A) Crimes Act 1961
Introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainant’s evidence, medical examination and defendant admissions.
SEXUAL CONNECTION *
S2 Crimes Act 1961
(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 or of another person’s genitalia or anus
(c) the continuation of connection of a kind described in paragraph (a) or (b)
GENITALIA *
Reproductive organs.
R v KOROHEKE
R v KOROHEKE (body parts) *
The genitalia comprise the reproductive organs, interior and exterior… they include the vulva [and] the labia, both interior and exterior at the opening of the vagina
CONSENT *
A person’s conscious and voluntary agreement to something desired or proposed by another.
Crown must prove that 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)
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 thought that [the complainant] was consenting.
MATTERS NOT CONSTITUTING CONSENT *
- lack of protest or resistance
- force, threat or fear of force
- asleep or unconscious
- affected by alcohol or drugs
- intellectual, mental or physical impairment
- mistake as to identity
- mistake as to nature and quality of the act
R v KOROHEKE (consent) *
Submission by a woman because she is frightened of what might happen if she does not give in or cooperate is not true consent.
Liability: SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION
S128(1)(b) Crimes Act 1961
A person
Has unlawful sexual connection
With another person
DEFENCE ULSC CHILD < 12 *
S132 Crimes Act 1961
It is not a defence that the person charged believed the child was or over the age of 12 years.
It is not a defence that the child consented.
Liability: ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
S129(2) Crimes Act 1961
A person
Assaults
Another person
With intent to commit sexual violation of the other person
Liability: SEXUAL CONDUCT WITH A CHILD UNDER 12 (sexual connection)
S132(1) Crimes Act 1961
A person
Has sexual connection
With a child
CHILD *
A person under the age of 12 years.
R v FORREST and FORREST *
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
Birth certificate produced by a parent.
ATTEMPTS *
S72 Crimes Act 1961
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended whether in the circumstances it was possible to commit the offence or not.
Liability: SEXUAL CONDUCT WITH A CHILD UNDER 12 (attempted sexual connection)
S132(2) Crimes Act 1961
A person
Attempts
To have sexual connection
With a child
Liability: SEXUAL CONDUCT WITH A CHILD UNDER 12 (indecent act)
S132(3) Crimes Act 1961
A person
Does an indecent act
With a child
INDECENCY *
Indecency must be judged in light or the time, place, circumstances. It must be something more than trifling and be sufficient to warrant the sanction of the law.
R v DUNN
Indecency must be judged in light or the time, place, circumstances. It must be something more than trifling and be sufficient to warrant the sanction of the law.
