Sexual Offences

Question 1

128(1)(a)

Answer 1

SEXUAL VIOLATION BY RAPE

A person
Rapes
Another Person

Question 2

128(1)(b)

Answer 2

SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION

A person
Has unlawful sexual connection
With another person

Question 3

129 (2)

Answer 3

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION

A person
Assaults
Another person
With Intent to commit sexual violation of the other person

Question 4

Section 132

Answer 4

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

Question 5

Section 134

Answer 5

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

Question 6

Section 135

Answer 6

INDECENT ASSAULT

A person
Indecently assaults
Another person

Question 7

Sexual Violation

Answer 7

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

Question 8

Penetration

Answer 8

The extent of penetration is not relevant; any degree of penetration, no matter how slight or fleeting is sufficient

Question 9

Proving Penetration

Answer 9

• The complainants evidence
• Medical examination including physical injuries and DNA evidence

-The defendant’s admissions

Question 10

SEXUAL CONNECTION UNLAWFUL
Crown must prove

Answer 10

• 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

Question 11

Consent CL

Answer 11

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.

Question 12

Consent- objective CL

Answer 12

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

Question 13

Genitalia CL

Answer 13

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

Question 14

Consent Withdrawal CL

Answer 14

Crump v R

Question 15

128A Allowing sexual activity does not amount to consent

Answer 15

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

Question 16

Rape defined 128(2)

Answer 16

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

Question 17

Submission

Answer 17

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

Question 18

Age - consent

Answer 18

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.

Question 19

Indecent Assault Def:

Answer 19

R v Leeson
Assault accompanied by circumstances of indecency

Question 20

Indecency CL

Answer 20

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.