Sexual Offences Flashcards
Sexual violation by rape, section/elements?(include definitions)
Section 128(1)(a)
-A person
-Rapes
Rape defined
Penetration
Genitalia
Consent
Subjective test
Objective test
-Another person
Sexual violation by unlawful sexual connection, Section/elements?
Section 128(1)(b)
-A person
-Has unlawful sexual connection with
Sexual connection defined
Penetration
Genitalia
Consent
Subjective test
Objective test
-Another person
Rape defined?
Person A rapes person B if person A has sexual connection with person B, effected by penetration of person B’s genitalia by person A’s penis.
A) without person B’s consent, and
B) without believing on reasonable grounds that person B consents to the connection.
Penetration defined?
Introduction to the slightest degree is enough to effect a connection
Proving penetration?
Complainants Evidence
Medical examination
Admissions
Genitalia case law
R v Koroheke- 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 defined
conscious and voluntary agreement to something desired or proposed by another.
Consent case law?
R V Cox- consent must be full, voluntary, free and Informed. Freely and voluntarily given by a person in a position to form a rational judgment.
Crown must prove
Subjective
-complainant did not consent
-offender didn’t believe they consented
Objective
-if he believes she did consent, grounds for belief were unreasonable.
R v Gutuama?
No reasonable person would think there was consent.
Unlawful sexual connection defined?
Introduction into the genitalia or anus by part of another’s body,object or mouth. Excluding legit medical examinations.
-With No consent
-With no belief, on reasonable grounds there was consent given.
Sexual violation?
Person rapes or has unlawful sexual connection with another.
Sexual conduct with child under 12, Section/elements?
Section 132(1) CA1961
-A person
-Has sexual connection
Definition
Penetration
Genitalia
-With a child under 12
Indecent act with child under 12, Section/elements?
Section 132(3) CA1961
A person
Does an indecent act
With a child under 12
Sexual conduct with young person under 16, Section elements?
Section 134(1) CA1961
A person
Has sexual connection with
A young person
Sexual conduct with young person under 16(indecent) section/elements?
Section 134(3) CA1961
A person
Does indecent act on
A young person
Section 127,CA 1961
No presumption because of age.
Any person of any age is capable in a legal sense of being involved in sexual connection.
Reluctant consent- case law?
R V Herbert- if consent is given reluctantly but without the fear of force or threat of force the act of sexual connection would not be rape.
When is consent relevant?
R v Adams- the material time when consent and belief in consent is to be considered is at the time the act actually took place.
Assault with intent to commit sexual violation, section/elements?
Section 129(2) CA1961
-A person
-Assaults
-Another person
-With intent to commit sexual violation of the other person
Define sexual violation
Define sexual connection
Consent
Person
Attempted sexual violation, section/elements?
Section 129(1) CA1961
-A person
-Attempts
-To have unlawful sexual connection
-With another person
Liable imprisonment term for attempted sexual violation?
10 years
Attempt case law?
R v Harpur
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
Assault definition
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe in reasonable grounds that he has,present ability to effect his purpose.
Section 132(4)CA1961?
It is not a defence to a charge of sexual conduct with a child under 12 , the offender believed the child was of or over 12 years.
Section 132(5)CA1961?
It is not a defence to believe the child consented.
Age case law?
R v Forest and Forest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Indecency case law?
R V Court
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
Section 134(4) CA1961
No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
Statutory defence under section 134
134A- it is a defence to a charge of 134 if they can prove they took reasonable steps to ascertain the young person was of or over 16 and at the time believed on reasonable grounds they person was of or over 16 years and the young person consented.
Indecent assault case law?
R V Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
Belief in consent for indecent assault case law?
R v Norris
If a person charged with indecent assault is able to establish the honestly believed there was consent they are entitled to be acquitted even if the grounds of his belief are unreasonable.
Sexual conduct by coercion, section and liable imprisonment?
Section 129A, CA1961
1)sexual connection-10 years
2)indecent act -5 years
Incest, section/elements, liable imprisonment term?
Section 130,CA1961
Sexual connection between 2 people whose relationship is that of parent/child, siblings,half siblings, grandparents and grandchild and knows of the relationship.
10 years
Sexual conduct with dependent family member, section, liable imprisonment?
Section 131,CA1961
7 years
Section 131A?
Dependant family member defined
Section 131B?
Meeting a young person following sexual grooming.
