Sexual Violation Flashcards
** EXAM ** - Sexual Violation - Section 128 (1) (a) CA 1961
Sexual violation by rape
Section 128 (1) (a) CA 1961
20 years imprisonment
a person who
rapes
another person
** EXAM ** - Sexual Violation - Section 128 (1) (b) CA 1961
Sexual violation by unlawful sexual connection
Section 128 (1) (b) CA 1961
20 years imprisonment
a person who
has unlawful sexual connection
with another person
** EXAM ** - Rape defined
Section 128 (2) CA 1961
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection
** EXAM ** - Unlawful sexual connection defined *
Section 128 (3) CA 1961
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection
Rape vs Unlawful Sexual Connection
Rape is a specific form of sexual violation that involves non consensual penetration of the complainants genitalia by the offenders penis.
Unlawful Sexual Connection has a wider meaning and includes any form of non consensual penetration or oral connection with a persons genitalia or anus.
No legal spouse defence
Section 128(4) makes it clear that a spouse who sexually violates their spouse has no legal defense due to the fact that the couple are legally married.
** EXAM ** - What must be proved for sexual violation?
Prove beyond reasonable doubt:
- intentional act by offender involving sexual connection with the complainant and
- complainant did not consent to the sexual act and
- offender did not believe the complainant was consenting or
- if offender did believe the complainant was consenting, the grounds for such a belief were not reasonable
Any investigation must prove that either… ?
- the defendant knew they did not have the victim’s consent but acted anyway (offenders mens rea) or
- the defendant’s grounds for believing that the victim consented to the act were unreasonable
Introduction into / penetration
Legislation uses the term ‘introduction into’ in the definition of sexual connection and ‘penetration’ in the definition of rape although there is no difference and do not need to differentiate between the two.
Slightest degree of penetration
Introduction to the slightest degree is enough to effect a connection - Section
2 (1A)
** EXAM ** - Proof of penetration - may be established by … ?
- the complainants evidence
- medical examination including physical injuries and DNA evidence
- the defendant’s admission
** EXAM ** - Sexual connection defined
Section 2, CA 1961 - Sexual connection means -
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of -
(i) a part of the body of another person or
(ii) an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
What does genitalia include?
Penis and testicles of a male and vulva and vagina of a female.
Genitalia defined
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia - Section 2 CA1961
** EXAM ** - Genitalia Case Law
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior. They include the vulva and the labia, both interior and exterior at the opening of the vagina.
