Sexual Offences Flashcards
What was held in R v KOROHEKE
the genitalia comprise the reproductive organs, exterior and interior.. they include the labia and vulva both interior and exterior. at the opening of the vagina
What was held in R v COX
Consent must be full voluntary free and informed, freely and voluntarily given by a person to form a rational judgment.
What was held in R v GUTUAMA
Gucci shoes - The crown must prove that no reasonable person in the accused shoes could have believed the victim was consenting.
What was held in R v HARPUR +attempts+
An attempt includes an act or omission constituting a substantial step in course of conduct planned to culminate in his commission of the crime
What was held in R v LESSON
the definition of indecent assault.. is an assault with circumstances of indecency
What was held in R v HARPUR +sufficiently proximate+
the court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. the defendant’s conduct may be considered in its entirety, considering how much remains to be done is always relevant but not determinative.
What was held in COX v R consent of a child
although we do not exclude the possibility that a child of ten or eleven may be able to give full voluntary free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
what was held in COX v R reasonable belief in consent of a child
save in exceptional and rare circumstances even when she indicates an agreement to the act occurring no reasonable adult would have grounds for believing that a ten or eleven-year-old girl has the experience or maturity to understand that nature and significance of the act.
What was held in 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 indecent act
an indecent act is generally accepted to be an act accompanied by circumstances of indecency
what was held in R v COURT
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant
section 195 CA refers to ill-treatment or neglect of child or vulnerable adult. Who does this apply to (who will be charged)
A person who has actual care of charge of the victim or
a person who is a staff member of any hospital, institution or residence where the victim resides.
what does section 195 (1) state (intentionally enages)
Intentionally engages in conduct that or omits to discharge or perform any legal duty the omission of which is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult if the conduct engaged in, or the omission to perform the legal duty is a major departure from the standard of care to be expected of a reasonable person
Section 195A failure to protect child of vulnerbale adult. What is the mens rea and actus reus of the charge.
knows (mens rea) the victim is at risk or GBH or sexual assault as a result of the acts or omissions of another person
Fails (actus reus) to take reasonable steps to protect the victim from that risk.
195A offence applies to
members of the same household as the victim
people who are staff member of any hospital, institution or residence where the victim resides.
