Sexual Offences Flashcards
128(1)(a)
SEXUAL VIOLATION BY RAPE
A person
Rapes
Another Person
128(1)(b)
SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION
A person
Has unlawful sexual connection
With another person
129 (2)
ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
A person
Assaults
Another person
With Intent to commit sexual violation of the other person
Section 132
SEXUAL CONDUCT WITH A CHILD UNDER 12
A Person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
Section 134
SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16
A Person
(1) Has a sexual connection with a young person
(2) Attempts to have a sexual connection with a young person
(3) Does an indecent act on a young person
Section 135
INDECENT ASSAULT
A person
Indecently assaults
Another person
Sexual Violation
What must be proved
- There was an intentional act by the offender involving sexual connection with the complainant
- the complainant did not consent to the sexual act
- the offender did not believe the complainant was consenting
- if he did believe she was consenting the grounds for such a belief were not reasonable
Penetration
The extent of penetration is not relevant; any degree of penetration, no matter how slight or fleeting is sufficient
Proving Penetration
- The complainants evidence
- Medical examination including physical injuries and DNA evidence
-The defendant’s admissions
SEXUAL CONNECTION UNLAWFUL
Crown must prove
- The complainant did not consent to the sexual act
- The offender did not believe the complainant was consenting
- If he did believe she was consenting, the grounds for such a belief were not reasonable
Consent CL
R v Cook - To be effective consent must be “real, genuine or true consent, and it must be conveyed by words or conduct or both”
R v Cox - consent must be full, voluntary, free and informed….. given freely by a person in a position to form a rational judgment.
Consent- objective CL
R v GUTUAMA
Under the objective test the crown must prove that “ no reasonable person in the accused shoes could have thought the complainant was consenting
Genitalia CL
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior……. they include the vulva and the labia, both interior and exterior, at the opening of the vagina
Consent Withdrawal CL
Crump v R
128A Allowing sexual activity does not amount to consent
1 - does not protest or offer physical resistance
2 - force or threats of force
3 - asleep or unconscious
4 - affected by alcohol or drugs (cannot consent or refuse)
5- intellectually, mental or physical condition or impairment
6 - mistaken about who the other person is
7-mistaken about the nature and quality of
Rape defined 128(2)
Person A rapes person B if person A has sexual connection with Person B, effected by the penetration of Person Bs genitalia by persons As penis
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection
Submission
R v Koroheke
It is important to distinguish between consent that is freely given and submission to something she may regard as unwanted but unavoidable
Age - consent
COX V R
No reasonable adult would have grounds for believing that a ten or year old girl had the experience or maturity to understand the nature and significance of the act.
Indecent Assault Def:
R v Leeson
Assault accompanied by circumstances of indecency
Indecency CL
R v Dunn - indecency must be judged in light of Time, place and circumstances. Must be something more than trifling
R v COURT - conduct that right thinking people will find an affront to sexual modesty.
