Sexual Offences Flashcards
What is section 1?
Rape: a person intentionally penetrates the Vagina, Anus or mouth of another with his penis.
The other does not reasonably consent.
And they do not believe the other has consented.
Section 2 - assault by penetration
Intentially penetrates the vagina or anus of another with any part of there body or anything else.
The penetration is sexual
No concent
Section 3 - sexual assault
Touches any part of their body, through anything, with anything and the touching is sexual.
No concent
Section 4 - causing sexual activity without concent
A person causes another to engage in sexual activity, the activity is sexual.
No concent.
Section 75 - the victim can not have consented
75(2A) - fear of violence to them
75(2B) - violence of another
75(2C) - unlawfully detained
75(2D) - asleep or unconscious
75(2E) - Disability
75(2F) - stupefied
Section 76 - conclusive presumptions
76(2A) - deceived the compliant as to the nature or purpose of the act
76(2B) - impersonated someone personally known to the compliant.
Child offences - section 5,6,7,8
A child who is under the age of 13 cannot concent.
Section 5 - rape
Section 6 - assault by penetration
Section 7 - sexual assault
Section 8 - causing/inciting