Sexual Offending Flashcards
What section is SEXUAL VIOLATION BY RAPE
128(1)(a)
What section is SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION?
Section 128(1)(b) ca1961
What section is SEXUAL CONDUCT WITH A CHILD UNDER 12?
Section 132 crimes act 1961
(1) (2) or (3)
What section is SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16?
Section 134, crimes act 1961
(1) (2) or (3)
What section is INDECENT ASSAULT
Section 135 crimes act
What are the elements of SEXUAL VIOLATION BY RAPE?
- a person
- rapes
- another person
What are the elements of SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION?
- a person
- has unlawful sexual connection
- with another person
What are the elements of s132?
- a person
(1) has sexual connection with a child under 12
(2) attempts to have sexual connection with a child under 12
(3) does an indecent act on a child
What are the elements of 134?
A person
(1) has sexual connection with a young person
(2) attempts to have sexual connection with a young person
(3) does an indecent act on a young person
What are the elements of s135?
- a person
- indecently assaults
- another person
Define rape
“Jack has sexual connection with Jill by penetrating Jill’s genitalia with Jack’s penis, without the consent of Jill and without belief on reasonable grounds that Jill consented”
Define sexual connection
As per s2(a) of the crimes act, sexual connection includes connection effected by the introduction into the genitalia/anus (otherwise than for genuine medical purposes) (i) of a part of the body, (ii) of an object held/manipulated, or (b) connection between the mouth/tongue and the genitalia/anus.
Define PENETRATION
Introduction to the slightest degree, no matter how slight or fleeting
Refer to penetration proof triangle!
What are the 3 points of the penetration proof triangle?
- Defendant’s admissions
- Complainants evidence
- Medical evidence/DNA/injuries etc
Define genitalia
R v Koroheke - genitalia means the female reproductive organs, interior or exterior, including vagina, vulva and labia
Discuss the element of consent in sexual offences…
A persons conscious and voluntary agreement to something desired or proposed by another.
R v Cox- must be full voluntary free and informed, made by a person in a position to form a rational judgement
Subjective: was the complainant consenting? Did the defendant believe the complainant was consenting?
Objective: R v Gutuama - what would a reasonable person think in the circumstances?
What does R v Gutuama refer to?
Objective test for consent
What would a reasonable person think in the circumstances
What does section 128A refer to?
When consent is not valid
What are some reasons consent would not be valid?
- given through mistaken ID
- influenced by alcohol/drugs
- intellectually/physically disabled
- mistaken about nature of act
- forced or threatened to consent (R v Koroheke)
In the context of 128A, what does R v Koroheke relate to?
It is important to distinguish the difference between consent that is given freely and submission by a person to what they may regard as unwanted but unavoidable
What does R v Harpur relate to?
Attempts!
An attempt must be sufficiently proximate to the offence itself. Gone beyond mere preparation and actions should not be considered in isolation, but as a series.
Which two case laws relate to Indecent Acts?
R v Court
R v Dunn
R v Court defines an indecent act as…?
Conduct that right thinking people will consider an affront to the sexual modesty of the complainant
What does R v Dunn say about indecency?
Indecency is to be judged in the light of time/place/circumstances. Must be more than trifling and sufficient to warrant the sanction of the law.
Indecent act on a child… it is immaterial whether…
The act is done by the offender
The act is done by the child
The act done was mutual
When referring to under 12 year olds, what does R v Gutuama say?
R v Gutuama says no reasonable person would say an under 12yo could consent, so their consent if given is irrelevant!
What are the two defences under s135 relating to sexual conduct with a child?
135(4) - believing a child to be over 12 is not a defence
135(5) consent is no defence to this charge
What is the 134A defence? (Sexual conduct with a YP)
It may a defence if the defendant
- took reasonable steps to ensure they were 16
- believed on reasonable grounds that they were 16
- the young person consented
What two caselaw relate to Indecent Assaults 135
R v Leeson
R v Norris
Discuss R v Leeson
R v Lesson - an indecent assault is an assault accompanied by circumstances of indecency
Discuss R v Norris
If a person charged with indecent assault is able to establish that they honestly believed the complainant was consenting this can be a defence.
NB THEIR BELIEF DOESNT HAVE TO BE REASONABLE
