Sexual Offences

Question 1

Sexual violation by rape definition

Answer 1

Requires penetration by the penis of the complainants genitalia without consent

Question 2

Sexual violation by unlawful sexual connection definition

Answer 2

Penetration of persons genitalia or anus by park of another persons body

Penetration of person genetalia or anus by objects held or manipulated by another person

Touching of genetalia or anus by persons mouth or tongue

Question 3

Penetration definition

Answer 3

Introduction to the slightest degree is enough to effect a connection

Proven by:

• complainants evidence
• medical examination
• defendants admissions

Question 4

Consent in sexual violation:

Answer 4

Consent is a persons conscious and voluntary agreement to something desired proposed by another

Crown must prove

• complainant did not consent
• offender did not believe there was consent
• if did believe, belief was unreasonable

Question 5

Matters that do not constitute consent defence:

Answer 5

Lack of protest or physical resistance

Forces or threatened

Fearful

Asleep or onconcious

Mental impairment

Affected by alcohol

Mistaken identity

Mistaken as to nature or quality of the act

Question 6

Indecent assault definition

Answer 6

Deliberate assault on someone in circumstances which right thinking members of the community would regard as indecent

Question 7

Sexual violation by rape liability

Answer 7

s128(1)(a) CA

A person

Rapes

Another person

Question 8

Sexual violation by unlawful sexual connection liability

Answer 8

s128(1)(b)

A person

Has unlawful sexual connection

With another person

Question 9

Sexual conduction with a child under 12 liability

Answer 9

s 132 (a,b,c)

A person

A has sexual connection woth

B attempts to have sexual connection with

C does an indecent act on

A child

Question 10

Sexual conduct with a young person liability

Answer 10

s 134 (a b c )

A person

A has sexual connection with

B attempts to have sexual connection with

C does an indecent act on

A young person

Question 11

Indecent assault liability

Answer 11

s135

A person

Indecently assaults

Another person

Question 12

Sexual violation definition

Answer 12

Non consensual sexual connection with another person, by:

A rape

B unlawful sexual connection

Question 13

Genitalia definition

Answer 13

Inclides oenis or testes of a male and vagina and bulbs of a female

Includes any surgically constructed or deconstructed organ analogous to naturally occurring genitalia

Question 14

R v Koroheke

Answer 14

The genitalia comprise the reproductive organism interior exterior include labia and bulbs at opening of the vagina

Question 15

R v Cox

Answer 15

Consent must be full voluntary free and informed but a person in an position to form rational judgement

Question 16

R v Gutuama

Answer 16

No reasonable person in the accused shoes could have thought the complainant was consenting

Question 17

Actus reus and men’s rea for an attempt?

Answer 17

Intent to commit the offence

Take a real and substantiated step towards achieving that aim

Question 18

R v Collister

Answer 18

Circumstantial evidence from which the offenders intent can be inferred

Actions words before during after

Nature of the act

Surrounding circumstances

Question 19

R v Harpur

Answer 19

Attempts

Conducted viewed cumulatively up to the point where the conduct stops.

Question 20

Consent of a child

Answer 20

Is no defence

Case law r v Cox

a child cannot consent to sexual activity

Question 21

s 132(4)

Answer 21

Mistake as to age is no defence for sexual conduct with a child

Question 22

R v Court

Answer 22

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

Question 23

What is the objective test for indecency?

Answer 23

As per r v Dunn

Judges in light of time place circumstance

Must be more than trifling and sufficient to warrant the sanction of the law

Question 24

s 134A?

Answer 24

Is a defence to a charge under s134

Must prove that:

Took reasonable steps to a certain YP age

At the time RGTB YP was over 16

The YP consented