Sexual Offences - Case Law Flashcards
R v KOROHEKE
Relates to genitalia.
The genitalia comprise the reproduction organs, interior and exterior… They include the vulva, labia, both interior and exterior at the opening of the vagina.
R v COX
Relates to consent.
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment.
R v GUTUAMA
Relates to objective test.
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 LEESON
Indecent assault - an assault accompanied with circumstances of indecency.
Indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
R v COURT
Indecent act - anything that a right thinking person would find offensive to the victim’s sexual modesty.
