Sexual Offences - Case Law

Question 1

R v Koroheke - genitalia

Answer 1

• The genitalia comprise the reproduction organs, interior and exterior

Question 2

R v Cox - consent

Answer 2

• Consent must be full, voluntary, free and informed

Question 3

R v Gutuama - consent

Answer 3

• For 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 Forrest and Forrest - proving age

Answer 4

• The best evidence in circumstances should be adduced by the prosecution in proof of the victims age

Question 5

R v Court - indecency

Answer 5

• Conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 6

R v Leeson - indecent assault

Answer 6

• Definition of indecent assault is an assault accompanied with circumstances of indecency

Question 7

R v Norris - indecent assault defence

Answer 7

• If they honestly believed the complainant was consenting they are entitled to be acquitted even though the grounds of his belief were unreasonable