Sex Offences - Case Law

Question 1

R v KOROHEKE
- Genitalia

Answer 1

The genitalia comprise the reproduction organs, interior and exterior.
They include the vulva and the labia, both interior and exterior, at the opening of the vagina.

Question 2

R v COX
- Consent

Answer 2

Consent must be full, voluntary, free and informed freely and voluntarily given by a person in a position to form a rational judgement.

Question 3

R v FORREST and FORREST
- Proving Age

Answer 3

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 4

R v GUTUAMA
- Consent

Answer 4

Under the objective test the Crown must prove that no reasonable person in the accused’s shows could have thought that the complainant was consenting.

Question 5

R v COURT
- Indecency

Answer 5

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.

Question 6

R v DUNN
- Indecency

Answer 6

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to warrant the sanction of the law.

Question 7

R v LEESON
- Indecent Assault

Answer 7

The definition of indecent assault is an assault accompanied with circumstances of indecency.

Question 8

R v NORRIS
- Indecent Assault Defence

Answer 8

If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his belief were unreasonable.