Sexual Violation

Question 1

Rapes

Answer 1

Is a specific form of sexual violation that involves nonconsensual penetration of the complainants genitalia by the offenders penis.

Person rapes or has unlawful sexual connection with another person.

Question 2

Sexual violation

Answer 2

Sexual violation is the act of a person who rapes another person or has unlawful sexual connection with another person.

in all cases of sexual violation the prosecution must prove beyond reasonable doubt that:

• There was an intentional act by the offender involving sexual connection with the complainant and
• The complainant did not consent to the sexual act
• The offender did not believe the complainant was consenting or
• If he did believe she was consenting, the grounds for such belief were not reasonable.

Question 3

Penetration

Answer 3

Introduction to the slightest degree is enough to affect connection. Can be established by
- Complaint evidence
- Admissions from the defendant
- Any DNA evidence or physical injuries

Question 4

Genitalia

Answer 4

includes the penis and testicles of a male and vagina and vulva of a female.

R v Koroheke - the genitalia comprise the reproduction organs, interior and exterior. They include the vulva and labia, both interior and exterior, at the opening of the vagina

Question 5

Consent

Answer 5

A persons conscious or voluntary agreement to something desired or proposed by another.

R v Cox - consent must be full voluntary free and informed…. free and voluntarily given by a person in a position to form a rational judgement.

Question 6

Belief of consent

Answer 6

Belief of consent must meet three elements:
- The complainant did not consent
- The offender did not believe the complainant was consenting
- Any reasonable person didn’t believe the complainant was consenting

R v Gutuama - under the objective test the crown must prove that no reasonable person in the accused shoes could’ve thought the complainant was consenting.

Question 7

Unlawful sexual connection

Answer 7

Has a wider meaning and includes any form of non-consensual penetration or oral connection with a persons genitalia or anus.

connection affected by the introduction into the genitalia or anus of one person other than for a genuine medical purpose
- A part of the body of another person or
- an object held or manipulated by another person or
Connection between the mouth or tongue of one person and part of another person genitalia or anus or
Continuation of connection of a kind described in paragraph a or b

Question 8

Section 128 invalid consent

Answer 8

• fear of threat or force
• resist or protest
• asleep or unconscious
• Drugged or intoxicated
• mistaken identity
• mistaken as to the nature and quality of the act