Sexual offences

Question 1

Section and elements for sexual violation by rape.

Answer 1

Section 128 (1)(a)
A person
Rapes
Another person

Question 2

Section and elements for sexual violation by unlawful sexual connection.

Answer 2

Section 128(1)(b)
A person
Has unlawful sexual connection
With another person.

Question 3

Assault with intent to commit sexual violation.

Answer 3

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

Question 4

What are the three components of rape ?

Answer 4

Penetration, Genitalia, Consent

Question 5

Case law for consent

Answer 5

R v Cox - Consent must be full, informed, voluntary and free. Person in a capacity to give consent.

Question 6

Case law for Genetalia

Answer 6

R v Koroheke - Genetalia is the reproductive organs internal and external includes vagina, vulva, labia both internal and external.

Question 7

Case law for objective test

Answer 7

R v Gutuama - No reasonable person in the accused’s shoes would think the victim was consenting.