Sexual Offences Flashcards
Sexual Violation by Rape
List Act, Section, imprisonment and ingredients.
Sexual Violation by rape
Section 128(1)(a), Crimes Act 1961
20 Years Imprisonment.
Ingredients
A person
Rapes
Another Person
Sexual Violation by rape
Section 128(1)(a), Crimes Act 1961
20 Years Imprisonment.
List the Ingredients along with titles of definitions and case law
Sexual Violation by rape
Section 128(1)(a), Crimes Act 1961
20 Years Imprisonment.
Ingredients
A person
Person
Rapes
Rape S.128(2) Crimes Act 1961
Penetration S.2(1A) Crimes Act 1961
Proof of penetration is required
Genitalia S.2 Crimes Act 1961
R v Koroheke
Penis S.2 Crimes act 1961
Consent
R v Cox
Matters that do not constitute Consent S.128A Crimes Act 1961
Reasonable Grounds
- Subjective test Absence of concent
- Subjective test 2 Belief in consent
- Objective test 3 Reasonable grounds for belief in consent
R v Gutuama
Another Person
Define ingredient “A person.”
A Person
Gender nutral. Proven by judicial notice or circumstancial evidence.
Whats the Defination of
Rape
Rape; Sec. 128(2), Crimes Act 1961
Person A rapes Person B if Person A has sexual connection with person B,
effected by the penetration of Person B’s genitalia by Persons A’s penis - ,
(a) without person B’s consent to the connection,
and
(b) without believing on reasonable grounds that person B consents to the
connection
Whats the Defination of
Penetration
Penetration
Sec. 2(1A), Crimes Act 1961
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection.
How do you prove “Proof of penitration is required“
Proof of penetration is required:
Proof may be provided by:
- the complainant’s evidence
- medical examination, (DNA, injuries)
- accused’s admissions.
Whats the defination of Genitalia
Genitalia,
Sec.2, Crimes Act 1961
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)
What is the caselaw for Genitalia
R v Koroheke
The 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.
What is the defination for Penis
Penis
Sec. 2, Crimes Act 1961
Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).
What is the defination for Consent
Consent:
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
Discuss the caselaw regarding Concent
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.”
List the matters that do not consititue concent
Matters that do not constitute consent - Sec. 128A, Crimes Act 1961
- not protesting or offering physical resistance to use of force,
- application of force to self or other, threats of force to self or others, or fear
of force to self or others
- asleep or unconscious
- so affected by drugs/alcohol they cannot consent
- so affected by mental or physical impairment they cannot consent
- mistaken ID
- mistaken as to nature and quality of the act
(Only include those relevant to the scenario, if any)
Discuss Reasonable Grounds in relation to Rape:
Reasonable Grounds:
The establishing of reasonable grounds is a three step process
Subjective Test - Step 1 - Absence of Consent
What was the complainant thinking at the time? Was s/he consenting?
Subjective Test – Step 2 - Belief in Consent
If s/he were not consenting did the offender believe the complainant was
consenting? ie what was the offender thinking at the time.
Objective Test – Step 3 - Reasonable grounds for belief in consent
If the offender believed the complainant was consenting, was that belief
reasonable in the circumstances. Ie what would a reasonable person have
believed if placed in the same position as the defendant?
Discuss the caselaw for reasonable grounds for consent
R v Gutuama
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting.”
Define “another person”
Person:
Gender neutral. Proven by Judicial notice or circumstantial evidence.
Sexual Violation by unlawful sexual connection
Section, Act, imprisonment.
Ingredients
Sexual Violation By Unlawful Sexual Connection
Section 128(1)(b), Crimes Act 1961 20 years imprisonment
Ingredients
A person
Has Unlawful Sexual Connection
with another person
Sexual Violation By Unlawful Sexual Connection
Section 128(1)(b), Crimes Act 1961
20 years imprisonment
List the Ingredients along with titles of definitions and case law
Sexual Violation By Unlawful Sexual Connection
Section 128(1)(b), Crimes Act 1961
20 years imprisonment
Ingredients
A person
Person
Has Unlawful Sexual Connection
Unlawful Sexual Connection S.128(3) Crimes Act 1961
Sexual Connection S.2 Crimes Act 1961
Penetration
Proof of penitration is required
Genitalia Section 2 crimes act (if it relates)
R v Koroheke
Consent
R v Cox
Matters that do not constitute consent - S.128A Crimes Act 1961
Reasonable Grounds
- Subjective test 1 absence of consent
- Subjective test 2 Belief in consent
- Objective test 3 Reasonable grounds for belief in consent
R v Gutuama
with another person
Person
Define (+ Section and Act) Unlawful Sexual Connection
Unlawful Sexual Connection - Sec.128 (3), Crimes Act 1961
Person A has unlawful sexual connection with Person B if Person A has sexual
connection with Person B -
(a) without person B’s consent to the connection, and
(b) without believing on reasonable grounds that person B consents to the
connection
What is the defination for Sexual Connection ( + section and act)
Sexual Connection
Sec 2, Crimes Act 1961
(a) connection effected by the introduction into the genitalia or anus of one
person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of
another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or
paragraph (b)
What is the definition of Assault.
Assault:
Sec. 2, Crimes Act 1961
Assault means the act of intentionally applying or attempting to apply force to
the person of another directly or indirectly, or threatening by any 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 on reasonable grounds that he has,
present ability to effect his purpose; and to assault has a corresponding
meaning.
how do you prove age and relevent case law
Proving Age:
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the
prosecution in proof of [the victim’s] age”.
In practice this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the person
named in the certificate.
Sexual Conduct with a child under 12
Section, act, imprisonment
ingredients
Sexual Conduct with a child under 12
Section 132(1), Crimes Act 1961, 14 years imprisonment
ingredients
Everyone
Has sexual connection
With a child
Sexual Conduct with a child under 12
Section 132(1), Crimes Act 1961,
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Sexual Conduct with a child under 12
Section 132(1), Crimes Act 1961,
14 years imprisonment
ingredients
Everyone
Person
Has sexual connection
Sexual connection - S.2 Crimes Act 1961
Penetration - S.2(1A) Crimes Act 1961
Proof of Penetration id required
Genitalia - S.2 Crimes Act 1961
R v Koroheke
With a child
Child - S132(6)(a) Crimes Act 1961
Proving Age - R v Forrest and Forrest
Define a “child”
Child:
Sec. 132(6)(a), Crimes Act 1961
Child means a person under the age of 12 years
Define Proving Age
Proving Age
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the Victims) age
In Practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Sexual Conduct with a Child under 12 (indecent act)
Section, act, imprisonment
ingredients
Sexual Conduct with a Child under 12
Section 132(3) Crimes Act 1961, 10 yrs imprisonment
ingredients
Everyone
Does an Indecent Act
On a child
Sexual Conduct with a Child under 12 (indecent act)
Section 132(3) Crimes Act 1961, 10 yrs imprisonment
List the Ingredients along with titles of definitions and case law
Sexual Conduct with a Child under 12 (indecent act)
Section 132(3) Crimes Act 1961, 10 yrs imprisonment
ingredients
Everyone
Person
Does an Indecent Act
Indecent Act
Indecency - R v Court
Immaterial whether
Indecent act includes indecent assaulting a child S.132(6)(b)
On a child
Child - S.132(6)(a) Crimes Act 1961
Proving Age, R v Forrest and Forrest
Define “Indecent Act”
Indecent Act:
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
Whats the caselaw definition for indecency
Indecency:
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”
Indecent act
If such an act is done with the consent of the child, it is immaterial whether…
If such an act is done with the consent of the child, it is immaterial whether:
− the offender does the act on the child
− the child does the act on the offender
− the act is mutual
Discuss Indecent act/assault Sec. 132(6)(b), Crimes Act 1961
Sec. 132(6)(b), Crimes Act 1961
Doing an indecent act on a child includes indecently assaulting the child
Sexual Conduct with a Young Person under 16
Section, act, imprisonment
ingredients
Sexual Conduct with a Young Person under 16
Section 134(1), Crimes Act 1961, 10 years imprisonment
ingredients.
Everyone
Has sexual connection
with a young person
Sexual Conduct with a Young Person under 16
Section 134(1), Crimes Act 1961,
10 years imprisonment
List the Ingredients along with titles of definitions and case law
Sexual Conduct with a Young Person under 16
Section 134(1), Crimes Act 1961,
10 years imprisonment
ingredients.
Everyone
Person
Has sexual connection
Sexual Connection - S.2 Crimes Act 1961
Penetration - S.(1A) Crimes Act 1961
Proof of penitration is required
Genitalia S.2 Crimes Act 1961
R v Koroheke
with a young person
Young Person - 136(6)(a)
Proving age - R v Forrest and Forrest
Sexual Conduct with a Young Person under 16 (indecent act)
Section, act, imprisonment
ingredients
Sexual Conduct with a Young Person under 16 (indecent act)
Section 134(3) Crimes Act 1961,
7 yrs imprisonment
ingredients
Everyone
Does an Indecent Act
On a young person
Sexual Conduct with a Young Person under 16 (indecent act)
Section 134(3) Crimes Act 1961,
7 yrs imprisonment
List the Ingredients along with titles of definitions and case law
Sexual Conduct with a Young Person under 16 (indecent act)
Section 134(3) Crimes Act 1961,
7 yrs imprisonment
ingredients
Everyone
Person
Does an Indecent Act
Indecent act
Indecency - R v Court
If act done with concent of young person Immaterial whether
Indecent act includes indecent assault - S134(6)(b)
On a young person
Young Person - S.134(6)(a) Crimes Act 1961
Proving Age R v Forrest and Forrest
Define a young person
Young person:
Sec. 134(6)(a), Crimes Act 1961
Young person means a person under the age of 16 years
Indecent Assault
section, act, imprisonment
ingredients
Indecent Assault
Section 135 Crimes Act 1961,
7 yrs imprisonment
Ingredients
Everyone who
Indecently Assaults
Another person
Indecent Assault
Section 135 Crimes Act 1961,
7 yrs imprisonment
List the Ingredients along with titles of definitions and case law
Indecent Assault
Section 135 Crimes Act 1961,
7 yrs imprisonment
Ingredients
Everyone who
Person
Indecently Assaults
Indecent Assault - R v Leeson
Indecent act
Indecency
Assault - S.2 Crimes Act 1961
Another person
Person
Discuss Indecent Assault
Indecent Assault:
R v Leeson
The definition of “indecent assault” … is an assault accompanied with
circumstances of indecency…
Indecency case law
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”
Define assault in indecent assault
Assault:
Sec. 2, Crimes Act 1961
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any 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 on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
RTS:
Must include:
- What constituted an assault including how the act was intentional
- What made the assault indecent
