Sexual Offences Flashcards
Sexual Violation
(by Rape)
S128(1)(a)
A Person
Rapes
Another Person
Sexual Violation
(by UL Sexual Connection)
S128(1)(b)
A Person
Has UL Sexual Connection
With Another Person
Assault With Intent To Commit Sexual Violation
S129(2)
A Person
Assaults
Another Person
WITCSVOTOP
Sexual Conduct with a Child < 12
S132(#)
A Person
(1) HSCWA Child
(2) ATHSCWA Child
(3) DAIAOA Child
Sexual Conduct with a Young Person < 16
S134(#)
A Person
(1) HSCWA Young Person
(2) ATHSCWA Young Person
(3) DAIAOA Young Person
Indecent Assault
S135
A Person
Indecently Assaults
Another Person
R v Koroheke
Genitalia = reproductive organs,
interior or exterior, including the vulva and labia at the opening of the vagina (also included).
Consent
(Definition)
Consent = a person’s conscious and voluntary agreement to something desired or proposed by another.
R v Cox
(Consent)
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.
R v Gutuama
Under the objective test, the prosecution must prove that no reasonable person in the offender’s position could have thought that the victim was consenting.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the victim.
R v Leeson
Indecent assault =
assault accompanied with circumstances of indecency
Sexual Connection
(Definition)
(a) Penetration of one person’s genitalia or anus, with a body part of another person, or an object held or manipulated by another person…
(b) Connection between one person’s genitalia or anus, with the mouth or tongue of another person…
(c) Continuation of penetration or connection as already described…
UL Sexual Connection =
…without their consent or belief on reasonable grounds of consent.
Penetration
(Definition)
Any degree of penetration, no matter how slight or fleeting.
