Sexual Offences

Question 1

Sexual violation by rape

Answer 1

Section128 (1)(a)

A person
Rapes
Another person

Question 2

Definitions to be included in rape and sexual connection

Answer 2

Sexual connection

Introduction or penetration(Rape)

Genitalia - R V Koroheke

Without consent -R V Cox and/or R V Gutuama

Question 3

Definition of rape

Answer 3

A sexual violation that involves non-consensual penetration of vagina by penis . Penis can be reconstructed/artificial. Essentially has to be male v female.

Question 4

Sexual connection

Answer 4

Introduction into the genitalia or anus of anybody part of any personal object held/manipulated by another person. Or a connection between a persons genitalia and another person’s mouth/tongue. The continuation of the above described connections.

Question 5

Introduction or penetration

Answer 5

Introduction to the slightest degree no matter how light or fleeting is enough to affect connection.

Penetration must be proved by the degree of penetration. Evidence to prove penetration is the victims evidence medical examination or the defenders admissions.

Question 6

Things to prove penetration

Answer 6

Victims evidence, medical examination, defendants admissions.

Question 7

Genitalia

Answer 7

R V Koroheke - genitalia comprises of the reproductive organs, interior and exterior. They include vulva labia and exterior and interior of the opening of the vagina.

Question 8

Anus

Answer 8

Penal penetration of the anus is not reap appropriate charges unlawful sexual connection

Question 9

Age of consent

Answer 9

Any person of any age can give a consent. However, Cox V R no reasonable adult would have grounds to believe that a 10 or 11 year-old has experienced or maturity to understand nature and significance of the act.

Essentially under 12 cannot therefore consent.

Question 10

Section 128A unable to give consent

Answer 10

Force
Alcohol or drugs
Sleep or unconscious
Intellectually/mentally or physically impaired.
Lack of resistance/protest.
Mistaken identity.
Mistake as to nature or quality

Question 11

Definition of attempt

Answer 11

Does not necessarily need to involve an assault. Needs to be sufficiently proximate constitution offence. Must prove defenders intent to commit the offence and they took a real and substantial steps to achieve that aim.

Question 12

Definition of child

Answer 12

Any person under 12 years of age. Only on real or exceptional circumstances in a child consent to sexual connection. RV Cox no reasonable adult would have reasonable grounds to believe a 10 or 11 year-old understood the act

Question 13

Defences to section 134 sexual conduct with young person under 16

Answer 13

The defendant must prove they took all reasonable steps to establish age of young person and believed on reasonable grounds that person was over 16 years of age and that person consented to sexual connection.

Question 14

Definition of indecent act

Answer 14

All forms of sexual activity not highlighted in sexual connection.

RV Court
RV Dunn

Question 15

RV Court

Answer 15

Conduct that right thinking people would consider in affront to sexual modesty of victim

Question 16

RV Dunn

Answer 16

Indecency must be based on time place in circumstances and must be more than trifling

Question 17

Indecent assault

Answer 17

RV Leeson an assault accompanied with circumstances of indecency

Question 18

Defence to indecent assault

Answer 18

RV Norris in relation to indecent assault of accused can honestly establish the believed the complainant consented to the act. Then they can be acquitted if his actions were deemed as reasonable.

Question 19

Sexual violation by unlawful connection

Answer 19

A person
Has unlawful sexual connection
With another person

Question 20

Definition of unlawful

Answer 20

Without lawful jurisdiction, authority or excuse

Question 21

Section 129(2)

Answer 21

A person
Assault
Another person
With intent to commit sexual violation of the other person

Question 22

Sections 132 under 12 and 134 under 16

Answer 22

A person.
a) has a sexual connection with child.
b) attempts to have sexual connection with a child.
c) does an indecent act on a child

Question 23

Section 135

Answer 23

Indecent assault

A person
Indecently assaults
Another person