Sexual Violation Flashcards
What is ‘sexual violation’?
Non-consensual sexual connection with another person
Define ‘rape’
Non-consensual penetration of the complainants genitalia by the offenders penis
What is ‘unlawful sexual connection’?
Has a wider meaning, and includes any form of non-consensual penetration or oral connection with a person’s genitalia or anus
What must be proved in all cases of sexual violation?
- 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
Can a spouse who sexually violates their spouse have legal defence? Section..
No. Under Section 128(4) the spouse has no defence just because they are married.
Section 128 (1)(a) Crimes Act
Sexual Violation by Rape
- A person
- Rapes
- Another person
Section 128 (1)(b) Crimes Act
Sexual Violation by Unlawful Sexual Connection
- A person
- Has unlawful sexual
connection - With another person
Define sexual connection
(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
How to prove penetration
- The complainants evidence
- Medical examination (physical injuries and DNA)
- The defendants admissions
What does ‘genitalia’ cover for males and females?
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.
Explain ‘Presumption of age’
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.
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
To be guilty of an attempted sexual violation a person must:
- Intend to commit the offence and
- Take a real and substantial step towards achieving that aim
R v Collister
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
R v Harpur (attempt 1)
An attempt includes “an act or omission constituting a substantial step in a course of conduct”
R v Harpur (attempt 2)
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.
Define assault
Intentionally applying or attempting to apply force to another person, directly or indirectly or threatening by any act or gesture to apply force
Section 129(2) Crimes Act
Assault with intent to commit sexual violation
- A person
- Assaults
- Another person
- With intent to commit sexual
violation of the other person
Discuss the penalty provisions for sexual violation as set out in 128B of Crimes Act?
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
In negating consent, the crown must prove one of three things. List all 3.
- The victim did not consent
- The victims consent was not valid
- The defendant did not believe on reasonable grounds that the victim was consenting
