Sexual Offences Flashcards
What is the definition of:
Sexual Violation
Section 128, Crimes Act 1961
Penalty: 20years imprisonment max
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
- 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. - One person may be convicted of the sexual violation of another person at the time when they were married to each other.
In all cases of sexual violation what must the prosecution prove beyond reasonable doubt?
- That there was an intentional act by the offender involving sexual connection with the complainant, and
- The complainant did not consent to the sexual act, and
- The offender did not believe the complainant was consenting, or
- If he did believe she was consenting, the grounds for such a belief we’re not reasonable.
Explain “rape”
Rape is a specific form of sexual violation that involves the non-consensual penetration of the complainant’s genitalia by the offender’s penis.
Explain “unlawful sexual connection”
Unlawful sexual connection includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus.
What is the definition of sexual connection?
Section 2, Crimes Act 1961
Sexual connection means–
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
Proof of penetration may be established by:
- the Complainant’s evidence
- medical examination, including physical injuries and DNA evidence
- the Defendant’s admissions
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.”
What is the Section and Act for:
“Sexual Violation By Rape”
Section 128(1)(a), Crimes Act 1961
What is the Section and Act for:
“Sexual Violation By Unlawful Sexual Connection”
Section 128 (1)(b), Crimes Act 1961
What are the elements for Section 128(1)(a)?
A person, Rapes, Another person
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 Offence is Section 128(1)(b), Crimes Act 1961?
Sexual Violation By Unlawful Sexual Connection
What Offence is Section 128(1)(a), Crimes Act 1961?
Sexual Violation By Rape
What Offence is Section 129(1), Crimes Act 1961?
Attempts to Commit Sexual Violation
R v Harpur
“[The Court may] have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops… the defendant’s conduct [may] be considered in its entirety. Considering how much remains to be done… is always relevant, though not determinative.”
What Offence is Section 129(2), Crimes Act 1961?
Assault with Intent to Commit Sexual Violation
What is the Section and Act for:
“Assault with Intent to Commit Sexual Violation”
Section 129(2), Crimes Act 1961
What are the elements to Section 129(2), Crimes Act 1961?
A person, Assaults another person, With intent to commit sexual violation, Of the other person
What is the definition of Assault?
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 person to believe on reasonable grounds that he has, present ability to effect his purpose; and to assault has a corresponding meaning.
Where can you find the interpretation/definition of Assault?
Section 2, Crimes Act 1961
What is Section 132, Crimes Act 1961 about?
Criminalises all forms of sexual activity with children under 12years of age,
including sexual connection in those “exceptional and rare circumstances” where a charge of sexual violation is not appropriate.
What is the Offence for Section 132(1), Crimes Act 1961?
Sexual Conduct with a child under 12
What is the penalty for Section 132(1), Crimes Act 1961?
Imprisonment for a term not exceeding 14 years
Cox v R
“Save in exceptional and rare circumstances.. even where she indicates an agreement to the act occurring.. no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.”
What are the elements of Sexual Conduct with a child under 12?
Everyone, Has sexual connection, With a child
R v Forrest and Forrst
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
R v Court
“Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”
What Offence and elements is Section 132(3), Crimes Act 1961?
Sexual Conduct with a child under 12
Everyone, Does an indecent act, On a child
What is Section 132(6)(a), Crimes At 1961?
Child means a person under the age of 12 years
What is Section 134(1), Crimes Act 1961?
Sexual Conduct with a Young Person under 16
What does a Young Person mean?
Young person means a person under the age of 16 years
