Sexual Offences Flashcards
Name the Section/subsection and Act for Sexual Violation by Rape
Section 128 (1)(a), Crimes Act 1961
Define Sexual Violation by Unlawful Sexual Connection?
A person has sexual connection with another person
Name the Section/subsection and Act for Sexual Violation by Unlawful Sexual Connection?
Section 128(1)(b), Crimes Act 1961
What is the penalty for Sexual Violation by Rape?
20 years imprisonment
What is the penalty for Sexual Violation by Unlawful Sexual Connection?
20 years imprisonment
Define Sexual Violation by Rape
A person rapes another person
Define Sexual Conduct with a Child subsection (1)
Everyone who has sexual connection with a child
Define Sexual Conduct with a Child subsection (3)?
Everyone who does an indecent act on a child
What is the penalty for Sexual Conduct with a Child subsection (1)?
14 years imprisonment
What is the penalty for Sexual Conduct with a Child subsection (3)?
10 years imprisonment
Name the Section and Act for Sexual Conduct with a Child?
Section 132, Crimes Act 1961
Define Sexual Conduct with a Young Person subsection (1)?
Everyone who has sexual connection with a young person
Define Sexual Conduct with a Young Person subsection (3)?
Everyone who does an indecent act on a young person
What is the penalty for Sexual Conduct with a Young Person subsection (1)?
10 years imprisonment
What is the penalty for Sexual Conduct with a Young Person subsection (3)?
7 years imprisonment
Name the Section and Act for Sexual Conduct with a Young Person Under 16?
Section 134, Crimes Act 1961
Define Indecent Assault?
Everyone who indecently assaults another person
What is the penalty for Indecent Assault?
7 years imprisonment
Name the Section and Act for Indecent Assault?
Section 135, Crimes Act 1961
Define “Rape s.128(2), CA 61
Person A rapes Person B if Person A has sexual connection with person B
Effected by way of penetration to Person Bs genitalia by Person As penis:
Without Person Bs consent to the connection AND
Without reasonable grounds to believe Person B consented to the connection
Define “Penetration s.2(1A), CA 61
Introduction and penetration have the same meaning
Introduction of the slightest degree is enough to effect a connection
What must be proved in relation to “Penetration”
- the complainants evidence
- medical examination
- accused’s admissions
What is the case law for genitalia?
R v Koroheke
The genitalia comprise the reproduction organs
Interior and exterior
They include the vulva and labia
Both the interior and exterior at the opening of the vagina
Definition of “Consent”
A persons conscious and voluntary agreement to something desired or proposed by another
What is the case law for “Consent”
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 judgement
Matters that do not constitute consent s.128A, CA 61
- asleep or unconscious
- so affected by drugs/alcohol
- mistaken ID
- not protesting or offering physical resistance to use of force
Unlawful sexual connection s.128(3), CA 61
Person A has unlawful sexual connection with Person B
If Person A has sexual connection with Person B:
- without Person Bs consent to the connection, AND
- without believing on reasonable grounds that Person B consents to the connection
Definition of “Indecent Act”
Has sexual connotations and involves conduct directed at a person that is offensive to public moral values
What is the case law for “Indecency”
R v Court
Conduct that right thinking people will consider an affront to the sexual modesty of the complainant
What is the case law for “Indecent Assault”
R v Leeson
Is an assault accompanied with circumstances of indecency
