Sexual Violation

Question 1

What is ‘sexual violation’?

Answer 1

Non-consensual sexual connection with another person

Question 2

Define ‘rape’

Answer 2

Non-consensual penetration of the complainants genitalia by the offenders penis

Question 3

What is ‘unlawful sexual connection’?

Answer 3

Has a wider meaning, and includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus

Question 4

What must be proved in all cases of sexual violation?

Answer 4

• Intentional act involving sexual
  connection
• No consent
• Offender did not believe there
  was consent OR
• If the offender did believe the
  complainant was consenting,
  the grounds for the belief were
  unreasonable

Question 5

Can a spouse who sexually violates their spouse have legal defence? Section..

Answer 5

No. Under Section 128(4) the spouse has no defence just because they are married.

Question 6

Section 128 (1)(a) Crimes Act

Answer 6

Sexual Violation by Rape

• A person
• Rapes
• Another person

Question 7

Section 128 (1)(b) Crimes Act

Answer 7

Sexual Violation by Unlawful Sexual Connection

• A person
• Has unlawful sexual
  connection
• With another person

Question 8

Define sexual connection

Answer 8

(a) Introduction into the genitalia or anus (other than for genuine medical purposes)

(i) of a part of another persons body

(ii) an object held or manipulated

(b)Connection between mouth or tongue and a part of another person’s genitalia or anus

(c) The continuation of connection

Question 9

How to prove penetration

Answer 9

• The complainants evidence
• Medical examination (physical injuries and DNA)
• The defendants admissions

Question 10

What does ‘genitalia’ cover for males and females?

Answer 10

The penis and testicles of a male.

The vulva and vagina of a female.

The wider statutory definition also includes surgically constructed or reconstructed genitalia.

Question 11

Explain ‘Presumption of age’

Answer 11

Section 127 Crimes Act 1961

There is no presumption of law that a person is incapable of sexual connection because of his or her age.

Question 12

R v Koroheke

Answer 12

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

Question 13

To be guilty of an attempted sexual violation a person must:

Answer 13

• Intend to commit the offence and
• Take a real and substantial step towards achieving that aim

Question 14

R v Collister

Answer 14

Circumstantial evidence from which an offender’s intent may be inferred can include:

• The offender’s actions and words before, during and after the event
• The surrounding circumstances
• The nature of the act itself

Question 15

R v Harpur (attempt 1)

Answer 15

An attempt includes “an act or omission constituting a substantial step in a course of conduct”

Question 16

R v Harpur (attempt 2)

Answer 16

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct may be considered in it’s entirety. Considering how much remains to be done is always relevant but not determinative.

Question 17

Define assault

Answer 17

Intentionally applying or attempting to apply force to another person, directly or indirectly or threatening by any act or gesture to apply force

Question 18

Section 129(2) Crimes Act

Answer 18

Assault with intent to commit sexual violation

• A person
• Assaults
• Another person
• With intent to commit sexual
  violation of the other person

Question 19

Discuss the penalty provisions for sexual violation as set out in 128B of Crimes Act?

Answer 19

The punishment for sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify

Question 20

In negating consent, the crown must prove one of three things. List all 3.

Answer 20

• The victim did not consent
• The victims consent was not valid
• The defendant did not believe on reasonable grounds that the victim was consenting