Sexual Offences - Definitions

Question 1

Sexual Connection

Answer 1

Section 2 Crimes Act 1961

(a) Connection is effected by the introduction in to the genitalia or anus of one person (other than for genuine medical reasons) of-
(i) a body part of another person, OR
(ii) an object held or manipulated by another person, OR

(b) Connection of the mouth or tongue of one person with the genitalia or anus of another OR
(c) The continuation of a connection of a kind described in paragraphs (a) or (b)

Question 2

Proving Penetration

Answer 2

Introduction to the slightest degree is enough to effect a connection!

• complainant’s evidence
• medical examination (physical injuries/DNA)
• defendant’s admissions

Question 3

1. Genitalia & 2. Penis

Answer 3

Section 2 Crimes Act 1961

1. Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).
2. Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).

Question 4

What must the Crown prove relating to consent?

Answer 4

• The complainant did not consent to the sexual act (subjective test)
• The offender did not believe the complainant was consenting (subjective test)
• If the offender did believe the complainant was consenting, the grounds for such a belief were not reasonable (an objective test).

Question 5

Consent

Answer 5

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 6

Matters not constituting consent

Answer 6

Section 128A Crimes Act 1961

A person does not consent to sexual activity just because:

• they do not protest or offer resistance
• force, threats or a fear of force is applied against them
• if activity occurs while he/she are asleep or unconscious
• if the activity occurs while he/she are so affected by alcohol or drugs that he/she cannot consent or refuse to the activity
• if he/she is affected by an intellectual, mental or physical condition or impairment that he/she cannot consent or refuse to the activity
• if he/she allows the activity because they are mistaken as to the identity of the other person
• if he/she allows the act because they are mistaken about its nature and quality.

Question 7

Rape

Answer 7

Penetration of the complainant’s genitalia by the offender’s penis.

Question 8

What must the Crown prove relating to Sexual Violations?

Answer 8

• there was an intentional act by the offender involving sexual connection with the complainant, and
• the complainant did not consent to the sexual act, and
• the offender did not believe the complainant was consenting OR
• if they did believe there was consent, the grounds for such a belief were not reasonable