Sexual Offences Flashcards
1
Q
Can consent be withdrawn at any time? What is the consequence of withdrawal of consent? Case.
A
Yes - any subsequent conduct will be unconsenting - Kaitamaki.
2
Q
What does the case of Bree say about consent given when voluntarily intoxicated?
A
Consent can be given when voluntarily intoxicated, but the capacity to consent may evaporate before unconsciousness.
3
Q
How will the court assess whether an act is sexual? Case.
A
R v H:
- Is it capable of being sexual?
- Is it sexual on the facts?
4
Q
Can touching occur through clothing? Case.
A
Yes - R v H.
