Sexual Offences Flashcards
Definition of penis
The male reproductive organ found on males can includes a surgically constructed or reconstructed organ
sexual connection means
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)]
What must be proved in sexual violation cases 128a and b
1) There was an intentional act by the offender involving sexual connection with the complainant.
2) The complainant did not consent to the sexual act.
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 were not reasonable.
Rape defined in statute S128(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.
R V KOROHEKE
It is important to distinguish between consent that is freely given and submission by a women to what she may regard as unwanted but unavoidable.
For example, submission by a women because she is frightened of what might happen if she does not give her consent.
sexual connection means Section 2 Crimes Act 1961
(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)]
Proving Penetration
Proof of penetration may be established by:
Proof of penetration may be established by:
1) The complainant’s evidence
2) Medical examination, including physical injuries and DNA evidence.
3) The defendant’s admissions
Consent
The two tests
2 xRelevant case law
Consent – R v COX and R v Gutuama are key case law.
Consent – is a person’s conscious and voluntary agreement to something desired or proposed by another.
Subjective test – whether or not the complainant was consenting from the complainant’s point of view. Followed by whether or not the defendant believed she was consenting at the time.
Objective test – what would a reasonable person have believed if placed in the same position as the defendnat.
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.”
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.”
Section 134A(1) Defence to a charge of sexual connection with a young person under 16
Before the time of the act the accused, took reasonable steps to establish the young person was of or over 16 years and at the time of the act concerned they believed that the young person was aged 16 years or over and that the young person consented.
R V COX:
Consent must be full, voluntary, free and informed and freely and voluntary given by a person in a position to for a rational judgement.
R V KOROHEKE
It is important to distinguish between consent that is freely given and submission by a women to what she may regard as unwanted but unavoidable.
For example, submission by a women because she is frightened of what might happen if she does not give her consent.
R V HARPUR
The court may have in regard viewed cumulatively up to a point when the conduct in question stops. The defendants conduct may be considered in its entirety.
R V FOREST and FOREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age IE Birth Cert and person who can identify the child.
