Sexual Violation

Question 1

What is sexual violation?

Answer 1

Non-consensual sexual connection with another person

Question 2

Rape defined

Answer 2

Nonconsensual penetration of the complainant’s genitalia by the offender’s penis 

Question 3

Unlawful sexual connection defined

Answer 3

Non-consensual penetration or oral connection with a person’s genitalia or anus 

Question 4

What to prove in sexual violation cases

Answer 4

1. it was an intentional act
2. The complainant did not consent.
   And the offender did not believe the complainant was consenting OR if the offender believed the complainant was consenting, the grounds for such belief were not reasonable

Question 5

Section 128(1)(a) Liability

Answer 5

Rape
- sexual violation is the act of a person who
- rapes
- another person

20 years imprisonment

Question 6

Section 128(1)(b)Liability

Answer 6

Unlawful sexual connection
- sexual violation is the act of a person who
- has unlawful sexual connection with
- another person

20 years imprisonment

Question 7

Section 128(1)(b)Liability

Answer 7

Unlawful sexual connection
- sexual violation is the act of a person who
- has unlawful sexual connection with
- another person

20 years imprisonment

Question 8

Proof of penetration

Answer 8

Established by
- complainant’s evidence
- medical examination
- defendant’s admissions

Question 9

R v Koroheke (genitalia)

Answer 9

Genitalia comprise the reproductive organs, interior and exterior. Females include vulva, vagina and labia. Males - testicles and penis

Question 10

R v N

Answer 10

Proof of penetration of the vagina is not required

Question 11

Section 127

Answer 11

No presumption of law that a person is incapable of sexual connection because of her age

Question 12

R v Cox

Answer 12

Consent must be free, full, voluntary and informed. Given by a person in a position to form a rational judgement

Question 13

R v Gutuama

Answer 13

The crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting

Question 14

Section 128A

Answer 14

Matters not constituting consent
1. Does not protest or offer physical resistance
2. Allows activity due to force/threat of force to her or some other person
3. Asleep or unconscious
4. Intoxicated to a level where she cannot consent/refuse to consent
5. Affected by intellectual, mental, physical condition or impairment where she cannot consent/refuse to consent
6. Mistaken ID
7. Mistaken about nature and quality

Question 15

R v Koroheke (threat of force)

Answer 15

Important to distinguish between consent freely given and submission by a woman to what she may regard as unwanted but avoidable.

Question 16

Define a person

Answer 16

Generally accepted by judicial notice or proved by circumstantial evidence

Question 17

Section 129

Answer 17

(1)everyone who attempts sexual violation
(2)everyone who assaults another person with intent to commit sexual violation of the other person

Offender intents to sexually violate but the full offence is not committed

Question 18

Section 129(2)Liability

Answer 18

Assault with intent to commit sexual violation

• everyone who assaults
• another person
• with the intent
• to commit sexual violation
• of the other person

10 years imprisonment

Question 19

R v Collister

Answer 19

Circumstantial evidence from which the offender’s intent may be inferred can include
- offender’s words and actions before, during and after the act
- surrounding circumstances
- nature of the act

Question 20

R v Harpur

Answer 20

An attempt includes an act or omission constituting a substantial step in a course to conduct planned to culminate in his commission of the crime

Question 21

Indecent assault

Answer 21

Assault need not be on an indecent nature provided it’s done with the intention to commit sexual violation

Question 22

Assault defined

Answer 22

Intentionally or attempting to apply force to another person either directly or indirectly. Includes threats to apply force.

Must cause the other person to believe that he has the present ability to effect his purpose