Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Liabilities > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

Name the Section/subsection and Act for Sexual Violation by Rape

A

Section 128 (1)(a), Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define Sexual Violation by Unlawful Sexual Connection?

A

A person has sexual connection with another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Name the Section/subsection and Act for Sexual Violation by Unlawful Sexual Connection?

A

Section 128(1)(b), Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the penalty for Sexual Violation by Rape?

A

20 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the penalty for Sexual Violation by Unlawful Sexual Connection?

A

20 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Define Sexual Violation by Rape

A

A person rapes another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Define Sexual Conduct with a Child subsection (1)

A

Everyone who has sexual connection with a child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Define Sexual Conduct with a Child subsection (3)?

A

Everyone who does an indecent act on a child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the penalty for Sexual Conduct with a Child subsection (1)?

A

14 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the penalty for Sexual Conduct with a Child subsection (3)?

A

10 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Name the Section and Act for Sexual Conduct with a Child?

A

Section 132, Crimes Act 1961

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define Sexual Conduct with a Young Person subsection (1)?

A

Everyone who has sexual connection with a young person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define Sexual Conduct with a Young Person subsection (3)?

A

Everyone who does an indecent act on a young person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the penalty for Sexual Conduct with a Young Person subsection (1)?

A

10 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is the penalty for Sexual Conduct with a Young Person subsection (3)?

A

7 years imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Name the Section and Act for Sexual Conduct with a Young Person Under 16?

A

Section 134, Crimes Act 1961

17
Q

Define Indecent Assault?

A

Everyone who indecently assaults another person

18
Q

What is the penalty for Indecent Assault?

A

7 years imprisonment

19
Q

Name the Section and Act for Indecent Assault?

A

Section 135, Crimes Act 1961

20
Q

Define “Rape s.128(2), CA 61

A

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

21
Q

Define “Penetration s.2(1A), CA 61

A

Introduction and penetration have the same meaning

Introduction of the slightest degree is enough to effect a connection

22
Q

What must be proved in relation to “Penetration”

A
  • the complainants evidence
  • medical examination
  • accused’s admissions
23
Q

What is the case law for genitalia?

A

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

24
Q

Definition of “Consent”

A

A persons conscious and voluntary agreement to something desired or proposed by another

25
Q

What is the case law for “Consent”

A

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

26
Q

Matters that do not constitute consent s.128A, CA 61

A
  • asleep or unconscious
  • so affected by drugs/alcohol
  • mistaken ID
  • not protesting or offering physical resistance to use of force
27
Q

Unlawful sexual connection s.128(3), CA 61

A

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
28
Q

Definition of “Indecent Act”

A

Has sexual connotations and involves conduct directed at a person that is offensive to public moral values

29
Q

What is the case law for “Indecency”

A

R v Court

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant

30
Q

What is the case law for “Indecent Assault”

A

R v Leeson

Is an assault accompanied with circumstances of indecency

Criminal Liabilities (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions