SEXUAL OFFENCES

Question 1

SEXUAL VIOLATION BY RAPE

Answer 1

Section 128 (1) (b) CA 61
20 yr offence

• A person
• Rapes
  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 -
  a) without person B’s consent to the connection
  b) without believing on reasonable grounds that person B consents to the connection.

Sexual connection

Penetration
Introduction to the slightest degree is enough to effect a connection

Genitalia
R V KOROHEKE

Consent
R V COX Freely and voluntarily free, full informed
R V GUTUAMA objective test. Any reasonable person.

• Another person

Question 2

SEXUAL CONNECTION

Answer 2

Connection effected by the introduction into the genitalia or anus of one person of (otherwise than medical purposes)

(i) a part of the body of another person (finger into vagina or anus)
(ii) an object held or manipulated by another person (vibrator or object)
b) connection between the mouth or tongue of one person and a part of another persons genitalia or anus (oral sex)
c) The continuation of connection of a kind described

Question 3

GENITALIA DEFINITION

Answer 3

-Male with penis and testicles
-Female with vagina and vulva
-Includes surgical constructed

R V KOROHEKE
The genitalia comprise the reproduction organs, interior and exterior

Question 4

PENETRATION

Answer 4

Introduction to the slightest degree
No matter how slight or fleeting

Proving penetration:
1. The complainants evidence
2. Medical examination DNA etc
3. The defendants admissions

Question 5

CONSENT

Answer 5

Conscious and voluntary agreement

R V COOK consent must be real, genuine or true consent and it may be conveyed by words or conduct or both

R V COX consent must be full, voluntary, free and informed consent

Subjective test
Objective test R V GUTUAMA crown must prove that no reasonable person could have that there was consent

Question 6

RAPE DEFINITION

Answer 6

Person A has a sexual connection with person B

BY

Penetrating person B genitalia with A’s penis

Without consent of B and
Without believing on reasonable grounds Person B consents to the connection

Question 7

SEXUAL CONNECTION WITH CHILD UNDER 12
Section 132

Answer 7

• A person

Section 132 (1) has sexual connection with child

(2) Attempts to have sexual connection with child

(3) Does an indecent act on child

Question 8

R V COX

Answer 8

Full, voluntary, free and informed

Question 9

R V COURT

Answer 9

Indecency means conduct directed at a person that is offensive to public morals.

Indecent Act on Child - R V COURT indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the victim

Question 10

SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16
Section 134

Answer 10

Section 134

• A person
  (1) Has sexual connection with a young person (10yr offence)

(2) Attempts to have sexual connection with a young person (10yr offence)

(3) Does an indecent act on a young person (7yr offence)

Question 11

DEFENCE section 134A

Answer 11

1. Offender had taken reasonable steps to ascertain that the YP was at least 16 AND
2. They believed on reasonable grounds that the YP was at least 16.
   AND
3. The YP consented

Question 12

MATTERS NOT CONSTITUTING CONSENT

Answer 12

1. Mistaken identity
2. alcohol and drugs
3. Intellectual, mental or physical impairment
4. Mistaken about nature or quality of the act
5. Force or threat of force
6. Lack of protest or resistance
7. Asleep or unconscious

Question 13

UNLAWFUL SEXUAL CONNECTION

Answer 13

Person A has unlawful sexual connection with Person B if person A has sexual connection with B

• without person Bs consent and
• without believing on reasonable grounds that person B consents to the connection.

Question 14

R V COOK

Answer 14

Consent must be real, genuine or true and that it may conveyed by words or conduct or both

Question 15

SEXUAL VIOLATION BY UNLAWFUL SECUAL CONNECTION
128 (1) (b)

Answer 15

Section 128 (1) (b)

• A person
• Has unlawful sexual connection
• With another person

Question 16

UNLAWFUL SEXUAL CONNECTION

Answer 16

Has a wider meaning and includes any form of non-consensual penetration or oral connection with a persons genitalia or anus

Question 17

ASSAULT WITH INTENT TO COMMIT SEXUAL VIOLATION
Section 129 (2)

Answer 17

Section 129 (2)
- A person
- Assaults
- Another person
- With intent to commit sexual violation of the other person

Question 18

INDECENT ASSAULT
Section 135

Answer 18

Section 135

• A person
• Indecently assaults
• Another person

Question 19

INDECENT ASSAULT DEFINITION

Answer 19

R V LEESON
Indecent assault is an assault accompanied with circumstances of indenceny.

R V NORRIS
Person charged with indecent assault is able to establish that they honestly believed that the complainant was consenting, they are entitled to be acquitted even though the grounds of his belief were unreasonable.

Indecent must be judged in the light of time, place and circumstances.

Must be proof of intent to act indecently.

Question 20

SUBMISSION (force, threat, fear)- Consent

Answer 20

There is no consent if a person submits to sexual connection because of force or an honestly held fear of force…
R V KOROHEKE
- Important to distinguish between consent given freely and submission given in the face of the unavoidable- not true consent

Question 21

SEXUAL VIOLATION - what must be proved?

Answer 21

• there was an intentional act by the offender involving sexual connection with the complainant and
• the complainant did not consent to the act and
• the offender did not believe the complainant was consenting or
• If he did believe she was consenting, the grounds for such a belief were not reasonable

Question 22

PROSECUTION must prove

Answer 22

Beyond reasonable doubt:
1. Intent
2. Victim did not consent
3. Offender did not believe the victim was consenting
4. If they did believe they were consenting the grounds for such belief were not reasonable