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CIB Modules > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

What must be proved in all sexual violation cases

Crown must prove beyond reasonable doubt

A
  • Intentional act by the offender involving sexual connection with the complainant
  • Complainant didn’t consent and the offender didn’t believe they were consenting
  • If they did believe, the grounds for belief were unreasonable
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2
Q

Legal Defence for spouse

Section and understanding

A

Section 128(4) a spouse who sexually violates their spouse has no legal defence

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3
Q

Sexual Violation by Rape

Section, Act, Elements

A

Section 128(1)(a), Crimes Act 1961

  • A person
  • Rapes
  • Another person
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4
Q

Sexual Violation by Unlawful Sexual Connection

Section, Act, Elements

A

Section 128(1)(b), Crimes Act 1961

  • A person
  • Has unlawful sexual connection
  • With another person
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5
Q

Sexual Violation

Definition

A
  • The act of a person who rapes another person or has unlawful sexual connection with another person
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6
Q

Rape

Definition

A
  • 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 and without believing on reasonable grounds that person B consents
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7
Q

Unlawful Sexual Connection

Definition

A
  • Person A has unlawful sexual connection with person B if person A has sexual connection with person B without their consent or without believing on reasonable grounds that they consent
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8
Q

Sexual Connection

Definition

A
  • Connection effected by the introduction of a part of the body, an object or mouth / tongue of another person into the genitalia or anus of one person
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9
Q

Penetration

Definition

A
  • Introduction to the slightest degree is enough to effect a connection.
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10
Q

Proving Penetration

three things

A
  • Can be established by medical examination, complainants evidence or defendants admissions
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11
Q

Genitalia

Definition

A
  • A surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia
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12
Q

R v Koroheke

Genitalia case law

A
  • The genitalia comprise the reproduction organs, interior and exterior
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13
Q

No presumption because of age

Section and understanding

A

Section 127, Crimes Act

- Any person of any age is capable of being involved in sexual connection

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14
Q

Objective / Subjective consent test

Prosecution must prove

A
  • The Complainant did not consent AND the offender did not believe the complainant was consenting (subjective)
  • If the offender did believe they were consenting, the grounds for such belief were not reasonable (objective)
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15
Q

Consent

Definition

A
  • A person’s conscious and voluntary agreement to something proposed or desired by another.
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16
Q

R v Cox

Consent case law

A

Consent must be full, voluntary, free and informed given by a person in a position to form a rational judgement.

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17
Q

R v Gutuama

Objective consent case law

A

The Crown must prove that no reasonable person in the accused’s shoes could have thought the complainant was consenting.

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18
Q

Invalid Consent

Section, Act and understanding

A

Section 128A, Crimes Act 1961

  • A person does not consent just because they don’t protest or physically resist
  • A person does not consent if they allow activity because of force applied, the threat of force applied or the fear of force
  • A person does not consent if activity occurs while they are asleep or unconscious
  • A person does not consent if activity occurs while they are so affected by alcohol or drugs that they can’t consent or refuse the activity
  • A person does not consent if activity occurs while they are affected by an intellectual, mental or physical condition / impairment
  • A person does not consent if activity occurs because of mistaken identity
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19
Q

R v Koroheke

Invalid Consent case law

A

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable.

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20
Q

To be guilty of an attempt to commit an offence

two things proven

A
  • Intend to commit the offence

- Take a real and substantial step towards achieving that aim

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21
Q

R v Collister

intent case law

A

Circumstantial evidence from which an offender’s intent may be inferred can
include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself.

22
Q

R v Harpur

attempts case law

A

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime

23
Q

Assault with Intent to Commit Sexual Violation

Section, Act, Elements

A

Section 129(2), Crimes Act 1961

  • A person
  • Assaults another person
  • With intent to commit sexual violation of the other person
24
Q

Assault

Definition

A
  • The intentional application of force to a person of another, directly or indirectly
25
Q

R v Cox

child consent / reasonable belief case law

A

circumstances that would justify that conclusion would be exceptional if not rare. No reasonable adult would have grounds to believe they understand the nature and significance of the act.

26
Q

Consent

defence under 12

A
  • Consent is no defence to a charge of sexual conduct with a child under 12
27
Q

Forrest v Forrest

poof of age case law

A

The best evidence possible in circumstances should be adduced by the prosecution in proof of the victims age

28
Q

Sexual Conduct with a Child Under 12

Section, Act, Elements

A

Section 132(1), Crimes Act 1961

  • A person
  • Has sexual connection
  • With a child
29
Q

Sexual Conduct with a Child Under 12 (Attempts)

Section, Act, Elements

A

Section 132(2), Crimes Act 1961

  • A person
  • Attempts to have sexual connection
  • With a child
30
Q

Sexual Conduct with a Child Under 12 (Indecent Act)

Section, Act, Elements

A

Section 132(3), Crimes Act 1961

  • A person
  • Does an indecent act
  • On a child
31
Q

Child

Definition

A
  • A person under the age of 12 years old
32
Q

R v Court

Indecency case law

A

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant

33
Q

R v Leeson

Indecent assault case law

A

Definition of indecent assault is an assault accompanied with circumstances of indecency

34
Q

R v Norris

indecent assault defence case law

A

If they honestly believed the complainant was consenting they are entitled to be acquitted even though the grounds of his belief were unreasonable

35
Q

Sexual Conduct with a Young Person Under 16

Section, Act, Elements

A

Section 134(1), Crimes Act 1961

  • A person
  • Has sexual connection
  • With a young person
36
Q

Sexual Conduct with a Young Person Under 16 (Attempts)

Section, Act, Elements

A

Section 134(2), Crimes Act 1961

  • A person
  • Attempts to have sexual connection
  • With a young person
37
Q

Sexual Conduct with a Young Person Under 16 (Indecent Act)

Section, Act, Elements

A

Section 134(3), Crimes Act 1961

  • A person
  • Does an indecent act
  • With a young person
38
Q

Young Person

Definition

A
  • A person under the age of 16 years
39
Q

Defence to Section 134

Section and Understanding

A

Section 134A, Crimes Act 1961

  • Taken reasonable steps to ascertain the young person was over the age of 16
  • At the time of sexual activity believed on reasonable grounds the young person was over the age of 16
  • the young person consented
40
Q

Indecent Assault

Section, Act, Elements

A

Section 135, Crimes Act 1961

  • A person
  • Indecently assaults
  • Another person
41
Q

Prosecution must prove in indecent assault cases

three things

A
  • Defendant intentionally assaulted the complainant
  • Circumstances accompanying the assault were indecent
  • Defendant intended the conduct that a reasonable person would find indecent
42
Q

Incest

Section, Act, Elements

A

Section 130, Crimes Act 1961

  • A person
  • Has sexual connection
  • With parent and child or siblings or half siblings or grandparent and grandchild
  • And the person charged knew the relationship
43
Q

Consent Regarding Incest

Understanding

A
  • Sexual connection in incest is carried out WITH consent from both parties
44
Q

Parent v Step Parent in Incest

Understanding

A

Biological and adoptive parents are considered ‘parents’ for the purpose of s130. Step parents are not

45
Q

Sexual Conduct with Dependant Family Member

Section, Act, Elements

A

Section 131(1), Crimes Act 1961

  • A person
  • Has sexual connection
  • With a dependant family member
  • Under the age of 18
46
Q

Dependant Family Member

Definition

A

has power or authority over him or her and is;

  • parent, step parent, foster parent, guardian, uncle or aunt
  • a child of their parent or step parent
  • spouse or de facto partner of a person described
47
Q

Meeting Young Person Following Grooming

Section, Act, Elements

A

Section 131B(1)(a), Crimes Act 1961

  • Having met or communicated with a Young Person on an earlier occasion
  • Intentionally meets the young person or travels with intention of meeting the young person or arranges for or persuades the young person to travel with the intention of meeting
48
Q

Grooming Defence

Section and Understanding

A

Section 131B(2), Crimes Act 1961

  • If the person charged proves before the time action was taken they took reasonable steps to find out if they were 16 years
  • they believed on reasonable grounds they were 16 years
49
Q

When is Grooming Offence Complete

Understanding

A
  • When the parties meet, or the defendant travels or makes arrangements to meet with relevant intent.
50
Q

Sexual Exploitation of Significantly Impaired Person

Section, Act, Elements

A

Section 138, Crimes Act 1961

  • A person
  • Has sexual connection
  • With a person with significant impairment
51
Q

When does Sexual Exploitation become an offence

Section, Act, Understanding

A

Section 138(3), Crimes Act

  • Has sexual connection with the impaired person knowing they had a significant impairment
  • Obtained the impaired persons acquiescence, submission, participation or undertaking of the connection

CIB Modules (5 decks)

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