Sexual Assault

Question 1

What is Crimes act definition of Sexual Intercourse?

Answer 1

Section 61H of the Crimes Act;
Sexual Intercourse means;

SEXUAL CONNECTION occasioned by penetration to any of the;

a) Genitalia (including surgically constructed vagina) of a female,
OR
- The anus of any person,

+

i) By any part of the body of another person,
OR
ii) Any object manipulated by another person,
- Except where carried out for proper medical purposes,

OR

b) Sexual connection occasioned by introduction of penis to mouth of another person
c) Cunnilingus, or
d) The continuation of sexual intercourse

Question 2

What is consent under Section 61HA?

Answer 2

A person consents if they freely and voluntarily agree to sexual intercourse

Question 3

What are the elements for aggravated sexual assault in company S61JA?

Answer 3

1 had sexual intercourse with the complainant;
2 without the consent of the complainant;
3 knowing that the complainant did not consent; and
4 who was in the company of another or others; and
who either:
o Intentionally or recklessly inflicts ABH or
o Threatens to inflict ABH by offensive weapon or instrument
o Deprives the alleged victim of their liberty
Life in prison

Question 4

What the circumstances of aggravation under section 61J of the Crimes Act?

AD BUCCAL

Answer 4

• Intentionally or recklessly inflicts ABH (victim or any other person)
• Threatens to inflict ABH by offensive weapon or instrument
• Victim has serious physical DISABILITY
• Offender BREAKS and enters with intent of
• UNDER 16
• in COMPANY
• victim has a serious COGNITIVE impairment.
• victim under AUTHORITY of accused
• Deprives LIBERTY of victim

Question 5

What are the three proofs of sexual intercourse without consent in accordance with 61I of the Crimes Act?

Answer 5

1) Had sexual intercourse with the complainant;
2) Without the consent of the complainant;
3) Knowing that the complainant did not consent.