Sexual Offences

Question 1

Sexual violation by Rape

Answer 1

CA 61, s128(1)(a)
20 years

1. A person
2. Rapes
3. Another person

Question 2

Sexual violation by unlawful sexual connection

Answer 2

CA 61, s128(1)(b)
20 years

1. A person
2. Has unlawful sexual connection
3. With another person

Question 3

Assault with intent to commit sexual violation

Answer 3

CA 61
s129(2)

1. A person
2. Assaults
3. another person
4. With intent to commit sexual violation of the other person

Question 4

Sexual conduct with a child under 12

Answer 4

CA
s132(1) (2) (3)

1. A person

(1) Has sexual connection with
(2) attempts to have sexual connection with
(3) does an indecent Act on

2. a child

Question 5

Sexual conduct with a young person under 16

Answer 5

CA 6
S134(1) (2)(3)

1. A person

(1) has sexual connectio with
(2) attempts to have sexual connection with
(3) does an indecent Act on

2. a young person

Question 6

Indecent Assault

Answer 6

CA 61
S135

1. A person
2. Indecently assaults
3. Another person

Question 7

Sexual violation

Answer 7

Non-consensual sexual connection

Question 8

Rape

Answer 8

Sexual violation that involves the non-consensual penetration of the complainants genitalia by the defendants penis

Question 9

Unlawful sexual connection

Answer 9

Wider meaning which includes any form of non-consensual penetration or oral connection with a persons genitalia or anus

Question 10

What must be proved in all sexual violation??

Subjective and objective tests

Answer 10

1. There was an intentional act by the offender involving sexual connection with the complainant, AND
2. the complainant did not consent to the sexual act (Subjective 1), AND
3. the offender did not believe the complainant was consenting (Subjective 2), OR
4. 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”

Question 11

Sexual connection

Answer 11

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

Question 12

Proof of penetration/Introduction

Answer 12

• the complainants evidence
• medical examination, including physical injury and DNA
• the defendant’s admission

Question 13

Genitalia

Answer 13

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

Question 14

Consent

Answer 14

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