SEXUAL OFFENCES case law Flashcards
R v Koroheke
The genitalia comprise, the reproductive organs, interior and exterior…they include the vulva and the labia, both the interior and exterior, at the opening of the vagina.
R v Cox
Consent - must be full, voluntary, free and informed…freely voluntary given by a person in a position to form a rational judgement.
R v Gutuama
Under the objective test the Crown must prove that “no reasonable person in the accused shoes could have thought that the complainant was consenting”
R v Collister
Intent - Circumstantial evidence from which the offender’s intent may be inferred can include.
a) The offenders actions and words before, during and after the event.
b) The surrounding circumstances.
c) The nature of the act itself
R v Dunn
Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling and be sufficient to warrant the sanction of law.
R v Forrest and Forrest
The best evidence possible in circumstances should be adduced by the prosecution in the proof of the victims age.
R v Court
Indecency means. “Conduct that right thinking people would consider an affront to the sexual modesty of the complaint”
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency.
R v Norris
If a person who is charged with indecent assault is able to establish that they honestly believed that the compliant was consenting , they are entitled to be acquitted even though the grounds of belief were reasonable.
