SEXUAL OFFENCES Flashcards
How can you prove penetration?
- The complainants evidence
- Medical examination including physical injuries and DNA evidence.
- The defendants admissions
Define Rape
Person A has sexual connection with Person B, effected by the penetration of Person B’s genitalia by Person A’s penis;
- without Person B’s consent to the connection
- without believing on reasobale grounds that Person B consents to that connection
Under section 2, define sexual connection
a) Sexual connection is connection effected by the introduction in to the genitalia or anus of one person, otherwise than for genuine medical purposes, of:
- a part of the body of another person or
- an object held or manipulated by another person
b) Connection between the mouth or toungue of one person and part of another person’s genitalia or anus
The continuation of connection of a kind described in paragraph (a) or (b)
Define penis
Includes a surgically constructed or reconstructed organ analogous (similar) to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex)
Define genitalia
Includes a surgically constructed or reconstructed organ analogous (similar) to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).
What are the 3 steps involved in the reasonableness test in regards to consent?
Subjective test: What was the complainant thinking at the time, was she consenting?
Subjective test: If she wasn’t consenting did the offender believe she was consenting? What did the offender believe at the time?
Objective test: What would a reasonable person have believed if placed in the same position as the defendant?
Define person
Generally accepted by judicial notice or proved by circumstantial evidence.
Under section 134A (1) what is the defence to charge of sexual conduct with a young person under 16 years?
Before the time of the act concerned, he or she took reasonable steps to establish the young person was of or over 16 years and at the time of the act concerned, he or she believed on reasonable grounds that the young person was aged 16 years or over and the young person consented.
What was found in the case law R v Harpur?
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in questions stops… the defendants conduct may be considered in its entirety. Considering how much remains to be done… is always relevant though not determinative
What was found in the case law R v Forrest and Forrest?
In practice proving the age generally involved producing the complaints birth certificate in conjunction with independent evidence that identifies the complaint as the person named in the certificate.
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
What was found in the case law R v Leeson?
The definition of indecent assault is an assault accompanied with circumstances of indecency.
What was found in the case law R v Court?
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant (Normal people would not agree with the act).
What was found in the case law R v Koroheke?
The genitalia comprise the reproductive organs, interior and exterior … they include the vulva and the labia, both internal and exterior, at the opening of the vagina.
What was found in the case law 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.
What was found in the case law R v Cox?
Consent must be, full, voluntary, free and informed… and freely and voluntarily given by a person in a position to form a rational judgement.
