Sexual Offences

Question 1

Sexual Violation
Section 128B, Crimes Act 1961
(Penalty)

Answer 1

Everyone who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.

Question 2

Sexual Violation
Section 128, Crimes Act 1961
Penalty: 20 years imprisonment max

Answer 2

1) sexual violation is the act of a person who
a. Rapes another person, or
b. Has unlawful sexual connection with another person

2) person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person 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

3. 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.
4. One person may be convicted of the sexual violation of another person at the time when they were married to each other.

Question 3

In all cases of sexual violation what must the prosecution prove beyond reasonable doubt?

Answer 3

1. That there was an intentional act by the offender involving sexual connection with the complainant, and
2. The complainant did not consent to the sexual act, and
3. The offender did not believe the complainant was consenting, or
4. If he did believe she was consenting, the grounds for such a belief we’re not reasonable.

Question 4

Explain “rape”

Answer 4

Rape is a specific form of sexual violation that involves the non-consensual penetration of the complainant’s genitalia by the offender’s penis.

Question 5

Explain “unlawful sexual connection”

Answer 5

Unlawful sexual connection includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus.

Question 6

Sexual connection

Section 2, Crimes Act 1961

Answer 6

a.