Sexual Offences Flashcards
Elements: Crimes Act 1961, Section 128(1)(a)
Sexual violation by rape
- A person
- Rapes
- Another person
Elements: Crimes Act 1961, Section 128(1)(b)
Sexual violation by unlawful sexual connection
- A person
- Has unlawful sexual connection
- With another person
Elements: Crimes Act 1961, Section 129(2)
Assault with intent to commit sexual violation
- A person
- Assaults
- Another person
- With intent to commit sexual violation of the other person
Elements: Crimes Act 1961, Section 132
Sexual conduct with a child under 12
- A person
(1) has sexual connection with a child
(2) Attempts to have a sexual connection with a child
(3) Does an indecent act on a child
Elements: Crimes Act 1961, Section 134
Sexual conduct with a young person under 16
- A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person
Elements: Crimes Act 1961, Section 135
Indecent Assault
- A person
- Indecently assaults
- Another person
Definition: Sexual violation
A sexual violation is the act of a person who rapes another person or has unlawful sexual connection with another person
Definition: Rape
Rape is penetration of a persons genetalia by another’s penis (or surgically constructed penis) without consent or without believing on reasonable grounds that there was consent
What must be proved in relation to sexual violation?
- There was intentional act by the offender involving sexual connection with the complainant, and
- The complainant did not consent to the sexual act, and
- The offender did not believe the complainant was consenting, or
- If he did believe she was consenting, the grounds for such belief were not reasonable.
Definition: Penetration
introduction to the slightest degree (proven by complainant evidence, medical exam, defendant admissions)
Definition: Sexual connection
a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of
(i) a part of the body of another person, or
(ii) an object held or manipulated by another person, or
(b) Connection between the mouth or tounge of one person and a part of another persons genitalia or anus, or
(c) The continuation of connection of a kind of described in paragraph a) or b)
Definition: Genetalia
penis and testicles of the male and the vagina and vulva of a female
Also includes surgically constucted or reconstucted genitalia to allow for offences involving trans-gender individuals
Case law: Genitalia
R v Koroheke
Definition: Consent
Conscious and voluntary agreement to something desired or proposed
Case law: Consent
R v Cook
R v Cox
Definition: Penis
Male organ of reproduction
Includes a surgically constructed or reconstucted organ analogous to a naturally occuring penis.
Subjective Test - Absence of consent
Whether or not the complainant was consenting is a subjective test. i.e what was the complianant thinking at the time?
Crown must prove complainant was not consenting
Objective Test - Reasonable grounds for belief in consent
What would a reasonable person have believed if placed in the same position as the Defendant?
Case Law: Objective Test
R v Gutuama
Definition: Indecency
an idecent act has sexual connotations and involves conduct directed at a person that is offensive to public moral values
Case Law: Idecency
R v Court
R v Dunn
R v Leeson
Section 128(A) (invalid consent)
- Mistaken indentity
- Impairment (drug/alcohol)
- Nature and quality of the act mistake
- Impairment (intellectual, phsyical or mental)
- Force (feared, applied, threatened)
- Asleep, unconcious
- Protest or resistance lacking
Section 134(A) (Defence to consent)
It is a defence if the complainant consented, the defence took all reasonable steps to ascertain that the young person was over 16 and the defendant believed on reasonable grounds that the young person was over 16
Section 134(4)
It is a defence if the young person and accused are married
