Sexual Assaults Flashcards
SEXUAL VIOLATION BY RAPE
Section 128(1)(a), Crimes Act 1961
- A person
- Rapes
- Another person
SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION
Section 128(1)(b), Crimes Act 1961
- A person
- Has unlawful sexual connection
- With another person
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
Section 129(2), Crimes Act 1961
- A person
- Assaults
- Another person
- With intent to commit sexual violation of the other person
SEXUAL CONDUCT WITH A CHILD UNDER 12
Section 132, Crimes Act 1961
• A person (1) Has sexual connection with (2) Attempts to have sexual connection with (3) Does an indecent act on • A child
SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16
Section 134, Crimes Act 1961
• A person (1) Has sexual connection with (2) Attempts to have sexual connection with (3) Does an indecent act on • A young person
INDECENT ASSAULT
Section 135, Crimes Act 1961
- A person
- Indecently assaults
- Another person
R v Koroheke - Genitalia
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
R v Cox - Consent
Consent must be “full, voluntary, free and informed
… freely and voluntarily given by a person in a position to form a rational judgment.”
R v Gutuama - Consent
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”.
R v Forrest and Forrest - Proving Age
“The best evidence possible in the circumstances
should be adduced by the prosecution in proof of
[the victim’s] age.”
R v Court - Indecency
Indecency means “conduct that right-thinking
people will consider an affront to the sexual
modesty of [the complainant]”.
R v Dunn - Indecency
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.”
R v Leeson - Indecent Assault
“The definition of ‘indecent assault’ … is an assault
accompanied with circumstances of indecency …”
R v Norris
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.
Define Sexual Connection
sexual connection means—
(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 and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)