Sexual violation by Rape
CA 61, s128(1)(a)
20 years
- A person
- Rapes
- Another person
Sexual violation by unlawful sexual connection
CA 61, s128(1)(b)
20 years
- A person
- Has unlawful sexual connection
- With another person
Assault with intent to commit sexual violation
CA 61
s129(2)
- A person
- Assaults
- another person
- With intent to commit sexual violation of the other person
Sexual conduct with a child under 12
CA
s132(1) (2) (3)
- 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
CA 6
S134(1) (2)(3)
- A person
(1) has sexual connectio with
(2) attempts to have sexual connection with
(3) does an indecent Act on
- a young person
Indecent Assault
CA 61
S135
- A person
- Indecently assaults
- Another person
Sexual violation
Non-consensual sexual connection
Rape
Sexual violation that involves the non-consensual penetration of the complainants genitalia by the defendants penis
Unlawful sexual connection
Wider meaning which includes any form of non-consensual penetration or oral connection with a persons genitalia or anus
What must be proved in all sexual violation??
Subjective and objective tests
- There was an intentional act by the offender involving sexual connection with the complainant, AND
- the complainant did not consent to the sexual act (Subjective 1), AND
- the offender did not believe the complainant was consenting (Subjective 2), OR
- If he did believe she was consenting, the grounds for which a belief was not reasonable (Objective)
R v Gutuama - “no reasonable person in the accuseds shoes would have thought the complainant was consenting”
Sexual connection
A. Introduction into the genitalia or anus of a person, otherwise for genuine medical purposes, of
- A part of the body of another person OR
- an object held or manipulated by another person OR
B. Connection between the mouth or tongue of one person and a part of another persons genitalia or anus
C. The continuation of a kind described
Proof of penetration/Introduction
- the complainants evidence
- medical examination, including physical injury and DNA
- the defendant’s admission
Genitalia
Includes surgically constructed or reconstructed organ analogous to naturally occurring Male or female genitalia
R v Koroheke - comprises the reproduction organs, interior and exterior.. includes the vulva and labia, both interior and exterior, at the opening of the vagina
Consent
Is a persons full and voluntary agreement to something desired or proposed by someone
R v Cox - consent must be full, voluntary, free and informed.. freely and voluntarily given by a person in a position to form rational judgement
