Sexual Crimes Flashcards
Define unlawful sexual connection.
Section 128(3), Crimes Act 1961
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
Define sexual connection.
Section 2, 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 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).
Define genitalia.
S2, CA 1961
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male or female or of indeterminate sex).
R v Koroheke
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.
Explain the provisions relating to matters that do not constitute consent?
Crimes Act 1961, Section 128A
Circumstances in which a person allows sexual activity but it does not amount to consent:
- lack of protest or resistance
- force, threat or fear of violence
- asleep or unconscious
- affected by alcohol or drugs
- intellectual, mental or physical impairment
- mistaken as to identity
- mistaken as to nature and quality of act
Define Assault, including Act and Section.
Crimes Act 1961, Section 2
Assault means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose
Discuss proof of age using case law.
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.
Define ‘indecency’ using case law.
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”
What does the defendant need to prove for a statutory defence to a charge under Crimes Act 1961, Section 134A?
- they had taken reasonable steps to ascertain that the young person was at least 16
AND - they believed on reasonable grounds that the young person was at least 16
AND - the young person consented.
Define ‘indecent assault’ using case law.
Indecent Assault
R v Leeson
The definition of “indecent assault” … is an assault accompanied with circumstances of indecency…
What must be proved in all sexual violation cases?
- Intentional act by offender involving sexual connection with complainant
AND - complainant did not consent to sexual act
AND - offender did not believe complainant consented
OR
did believe but grounds were not reasonable
In section 132, CA 1961, what does child mean?
a person under 12
What are the defences listed in 134(4) and (5).
(4) Married to the young person
(5) The young person cannot be charged as a party to the offence if the offender was 16 yrs or over at the time
Fully outline the offence of Incest?
s130, CA 1961
Incest
10 years
(1) Sexual connection is incest if
(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild, AND
(b) the person charged knows of the relationship
Define person.
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Define penetration.
Penetration
s2(1A), CA 1961
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection.
Define penis.
s2, CA 1961
Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).
Define sexual violation.
s128(1), CA 1961
(1) Sexual violation is the act of a person who
(a) rapes another person, or
(b) has unlawful sexual connection with another person
Define child.
Child
s132(6)(a), CA 1961
Child means a person under the age of 12 years.
Define young person.
Young person
s134(6)(a), CA 1961
Young person means a person under the age of 16 years
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.
List the discussion points for the element has unlawful sexual connection.
Unlawful sex conn, s128(3) Sexual connection, s2 Penetration,s2(1A) Proof of penetration x 3 Genitalia, s2 (if applicable) R v Koroheke (if applicable) Consent R v Cox Matters not constituting consent Reasonable ground 3 step process R v Gutuama
What are the three ways in which proof of penetration may be provided.
Proof may be provided by
- complainants evidence
- medical examination (DNA, injuries)
- accused’s admissions
Outline the titles and sections, subsections for child and young person sexual offences.
132(1) sexual conduct with a child
132(2) sex conduct with child attempt
132(3) sex conduct with child indecent act
134(1) sex conduct with young person
134(2) sex conduct young person attempt
134(3) sex conduct young person indecent act
