Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Legal Defence for spouse

Section and understanding

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Sexual Violation by Rape

Section, Act, Elements

A

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

  • A person
  • Rapes
  • Another person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Sexual Violation

Definition

A
  • The act of a person who rapes another person or has unlawful sexual connection with another person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Penetration

Definition

A
  • Introduction to the slightest degree is enough to effect a connection.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Proving Penetration

three things

A
  • Can be established by medical examination, complainants evidence or defendants admissions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Genitalia

Definition

A
  • A surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

R v Koroheke

Genitalia case law

A
  • The genitalia comprise the reproduction organs, interior and exterior
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Consent

Definition

A
  • A person’s conscious and voluntary agreement to something proposed or desired by another.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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
R v Cox | *child consent / reasonable belief case law*
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
Consent | *defence under 12*
- Consent is no defence to a charge of sexual conduct with a child under 12
27
Forrest v Forrest | *poof of age case law*
The best evidence possible in circumstances should be adduced by the prosecution in proof of the victims age
28
Sexual Conduct with a Child Under 12 | *Section, Act, Elements*
Section 132(1), Crimes Act 1961 - A person - Has sexual connection - With a child
29
Sexual Conduct with a Child Under 12 (Attempts) | *Section, Act, Elements*
Section 132(2), Crimes Act 1961 - A person - Attempts to have sexual connection - With a child
30
Sexual Conduct with a Child Under 12 (Indecent Act) | *Section, Act, Elements*
Section 132(3), Crimes Act 1961 - A person - Does an indecent act - On a child
31
Child | *Definition*
- A person under the age of 12 years old
32
R v Court | *Indecency case law*
Conduct that right thinking people will consider an affront to the sexual modesty of the complainant
33
R v Leeson | *Indecent assault case law*
Definition of indecent assault is an assault accompanied with circumstances of indecency
34
R v Norris | *indecent assault defence case law*
If they honestly believed the complainant was consenting they are entitled to be acquitted even though the grounds of his belief were unreasonable
35
Sexual Conduct with a Young Person Under 16 | *Section, Act, Elements*
Section 134(1), Crimes Act 1961 - A person - Has sexual connection - With a young person
36
Sexual Conduct with a Young Person Under 16 (Attempts) | *Section, Act, Elements*
Section 134(2), Crimes Act 1961 - A person - Attempts to have sexual connection - With a young person
37
Sexual Conduct with a Young Person Under 16 (Indecent Act) | *Section, Act, Elements*
Section 134(3), Crimes Act 1961 - A person - Does an indecent act - With a young person
38
Young Person | *Definition*
- A person under the age of 16 years
39
Defence to Section 134 | *Section and Understanding*
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
Indecent Assault | *Section, Act, Elements*
Section 135, Crimes Act 1961 - A person - Indecently assaults - Another person
41
Prosecution must prove in indecent assault cases | *three things*
- Defendant intentionally assaulted the complainant - Circumstances accompanying the assault were indecent - Defendant intended the conduct that a reasonable person would find indecent
42
Incest | *Section, Act, Elements*
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
Consent Regarding Incest | *Understanding*
- Sexual connection in incest is carried out WITH consent from both parties
44
Parent v Step Parent in Incest | *Understanding*
Biological and adoptive parents are considered 'parents' for the purpose of s130. Step parents are not
45
Sexual Conduct with Dependant Family Member | *Section, Act, Elements*
Section 131(1), Crimes Act 1961 - A person - Has sexual connection - With a dependant family member - Under the age of 18
46
Dependant Family Member | *Definition*
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
Meeting Young Person Following Grooming | *Section, Act, Elements*
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
Grooming Defence | *Section and Understanding*
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
When is Grooming Offence Complete | *Understanding*
- When the parties meet, or the defendant travels or makes arrangements to meet with relevant intent.
50
Sexual Exploitation of Significantly Impaired Person | *Section, Act, Elements*
Section 138, Crimes Act 1961 - A person - Has sexual connection - With a person with significant impairment
51
When does Sexual Exploitation become an offence | *Section, Act, Understanding*
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)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions