Sexual Offences

Question 1

R v Koroheke

Answer 1

Genitalia:
Genitalia comprise the reproduction organs, interior & exterior..
they include the vulva, labia both interior & exterior at the opening of the vagina.

Question 2

R v Cox

Answer 2

Consent:
Consent must be full, voluntary, free and informed.
Freely and voluntarily given by a person in position to form a rational judgement.

Question 3

R v Gutuama

Answer 3

Objective test:
Under the Objective test the Crown must prove that “No reasonable person in the accused’s shoes could have thought the complainant was consenting.

Question 4

R v Forest & Forest

Answer 4

Proving Age:

Best evidence possible should be adduced by prosecution in proof of the victims age.

Question 5

R v Court

Answer 5

Indecency:

Means conduct that right thinking people will consider an affront to the sexual modesty of the victim.

Question 6

R v Leeson

Answer 6

Indecent Assault:

Definition- an assault accompanied with circumstances of indecency.

Question 7

Matters that do not constitute consent.

Answer 7

1- not protesting or offering physical resistance to force.
2- application of force to self or others, threat of force to self or others, fear of force to self or others.
3- asleep or unconscious.
4- so affected by drugs/alcohol they cannot consent.
5- so affected by mental or physical impairment they cannot consent.
6- Mistaken identity of other person.
7- mistaken as to nature or quality of the act.