Sexual offences Flashcards
What are the elements for sexual violation by rape (S128(1)(a) Crimes Act 1961)?
- A person
- Rapes
- Another person
What is the definition of sexual violation?
Sexual violation is the act of a person who
- Rapes another person or
- Has unlawful sexual connection with another person
What is the definition of rape?
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis
- Without person B’s consent to the connection, and
- Without believing on reasonable grounds that person B consents to the connection
What is penetration?
Introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by the complainants’ evidence, medical examination or admissions made by the defendant
What is the definition of sexual connection (S2 (1A) Crimes Act 1961)
Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose, of -
- A part of the body of another person; or
- An object held or manipulated by another person; or
Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
The continuation of connection of a kind described above
What does R v Koroheke state regarding genitalia?
The genitalia comprise the reproductive organs, interior and exterior … they include the vulva (and) the labia, both interior and exterior, at the opening of the vagina
How is consent defined? What must the Crown prove in relation to consent?
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
The Crown must prove that
- The complainant did not consent to the sexual act (subjective) and
- The offender did not believe the complainant was consenting (subjective) or
- If he did believe she was consenting, the grounds for such a belief were not reasonable (objective)
What is discussed in R v Cox?
Consent. The case law states that consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgement”
What is discussed in 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”
What are the elements for sexual violation by unlawful sexual connection?
- A person
- Has unlawful sexual connection
- With another person
What is ‘unlawful sexual connection’?
Person A has unlawful sexual connection with person B is person A has sexual connection with Person B -
- Without person B’s consent to the connection, and
- Without believing on reasonable grounds that person B consents to the connection
What are the elements of assault with intent to commit sexual violation?
- A person
- Assaults
- Another person
- With intent to commit sexual violation of the other person
What are the elements for sexual conduct with a child under 12 (S132(1) Crimes Act 1961)?
- A person
- Has sexual connection with OR
- Attempts to have sexual connection with OR
- Does an indecent act on
- A child
Is there a defence to S132(1) Crimes Act 1961?
No. It is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years
It is not a defence to a charge under this section that the child consented
What does R v Forrest and Forrest state?
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”
What does S72 of the Crimes Act 1961 state about ‘attempts’?
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not
What does S2 of the Crimes Act 1961 say about an indecent act?
One person does an indecent act on another person whether he or she -
- Does an indecent act with or on the other person; or
- Induces or permits the other person to do an indecent act with or on him or her
What does R v Court say about indecency?
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”
What does R v Dunn say about indecency?
Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling, and be sufficient to ‘warrant the sanction of the law’
What are the elements of sexual conduct with a young person under 16 (s134(1) Crimes Act 1961?
- A person
- Has sexual connection with OR
- Attempts to have sexual connection with OR
- Does an indecent act on
- A young person
When does S134(1) not apply?
No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act.
The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed
What is a defence to s134(1) Crimes Act 1961?
If is a defence to charge under section 134 if the person charged proves that:
- Before the time if the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years: and
- At the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
- The young person consented
What are the elements of indecent assault?
- A person
- Indecently assaults
- Another person
What does R v Leeson say about indecent assault?
“The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency”
What must the prosecution prove for the offence of indecent assault?
- The defendant intentionally assaulted the complainant, and
- The circumstances accompanying the assault were indecent, and
- The defendant intended the conduct that a reasonable person would find indecent, and
- The complainant did not consent to the assault, and
- The defendant did not honestly believe the complainant was consenting
What does R v Norris say about indecent assault?
If a person who is charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his believe were unreasonable
