Sexual Offences Flashcards
Liabilities
What is the section, Act and penalty for Sexual Violation by Rape
Section 128 (1)(a)
Crimes Act 1961
Penalty - 20 years
What are the elements for sexual violation by Rape s128 (1)(a)
1- a person
2 - rapes
3- Another person
What is the definition of Rape?
Person A rapes person B if a person A has sexual connection with person B, effected by the penetration of person Bs genitalia by persons As penis
a) without person Bs consent to the connection,
and
b) without believing on reasonable grounds that person B consents to the connection
Sec. 128(2)Crimes Act 1961
What is the section, Act and penalty for Sexual Violation by Unlawful Sexual Connection
Section 128(1)(b)
Crimes Act 1961
Penalty - 20 years
What are the elements for Sexual Violation by unlawful sexual connection s128(1)(b)
1- A person
2- Has unlawful sexual connection
3- with another person
What is the definition of Unlawful Sexual Connection (section 128(3))
Person A has unlawful sexual connection with person B if person A has sexual connection with person B-
a) without person Bs consent to the connection
b) without believing on reasonable grounds that person B consents to the connection
What is the definition of Sexual Connection
a) connection affected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of-
I) a part of the body of another person or;
Ii) an object held or manipulated by another person
b) connection between the mouth or tounge 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(b)
What is the section, Act and penalty for Sexual Conduct(indecent act) on a child?
Section 132 (3)
Crimes Act 1961
Penalty - 10 years
What are the elements for s132(3) Sexual Conduct on a child
1- everyone
2- does an indecent act
3- on a child
What is the definition of indecent act
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
What is the section, Act and penalty for Sexual Conduct with a young person
Section 134(1)
Crimes Act 1961
Penalty - 10 years
What are the elements for s134(1) Sexual Conduct with a Young Person?
1- Everyone
2 - Has sexual connection
3- with a young person
What is the section, Act and penalty for Sexual Conduct on a Young Person
Section 134(3)
Crimes Act 1961
Penalty - 7 years
What are the elements for s134(3) Sexual Conduct on a Young Person?
1- everyone
2- does an indecent act
3-on a young person
What is the section, Act and penalty for Indecent Assault
Section 135
Crimes Act 1961
Penalty - 7 years
What are the elements for s135 Indecent Assault?
1- Everyone who
2- Indecently assaults
3 - Another person
What is the Act, Section and penalty for Assault with intent to commit Sexual Violation?
s. 129 (2)
CA.61
Penalty - 10 years
What are the elements for s129(2) Assault with intent to commit Sexual Violation?
1- A person
2- assaults another person
3- with intent to commit sexual violation
4- of another person
What is the Section, Act and penalty for Sexual Connection with a child?
s132(1)
CA.61
Penalty - 14 years
What are the elements for s132(1) Sexual Conduct on a Child?
1- A person
2- Has unlawful sexual Connection
3- With a child under 12
What is the Act, section, penalty for Incest?
S 130 CA.61
Penalty - 10 years
What are the the ingredients?
Everyone of or over 16 years
(a) it’s between 2 people whose relationship is that of parent and child, siblings, half siblings or grandparent and grandchild ;and
(b) the person charged knows of the relationship
What is the Act, section and penalty for Sexual Conduct with a dependent family member?
S131 CA.61
Penalty: 7 years
What are the elements for s131, sexual conduct with a dependent family member?
(1) sexual connection with a dependent family member under the age of 18years
(2) attempts sexual connection
(3) does an indecent act on a dependent family member under the age of 18
(4) dependent family member cannot be charged as a party to offence
What are the elements for s131, sexual conduct with a dependent family member?
(1) sexual connection with a dependent family member under the age of 18years
(2) attempts sexual connection
(3) does an indecent act on a dependent family member under the age of 18
(4) dependent family member cannot be charged as a party to offence