Sexual Conduct With Consent Induced By Certain Threats

Question 1

Section 129A (5)
Sexual conduct with consent induced by certain threats

Answer 1

This section outlines an offence where a victim is induced to consent to sexual connection with an offender due to a threat of:

(a) offender or another person will commit imprisonable offence (not involving threat or force)
(b) Offender or another person will make an accusation or disclosure about any person to seriously damage that persons reputation
(c) Offender will make improper use of power/authority over victim, held by occupational or vocational position or a commercial relationship

Question 2

R v Koroheke

Consent

Answer 2

It is important to establish between consent that is freely given and submission by a woman to what she any regard as unwanted but unavoidable. For example submission by a woman because she is frightened of what might happen if she does not give in or cooperate, is not true consent