Sexual Violation Flashcards
What must the crown prove in sexual violation
There was an intentional act by the offender involving sexual connection with complainant
And
Complainant didn’t consent to sexual act
And
Offender didn’t believe complainant consented
Or
Offender did believe complainant consented but the grounds were not reasonable
What does the investigation have to prove in sexual violation
Defendant knew he didn’t have victims consent but acted anyway (men’s rea)
Or
Defendants grounds for belief of victim consent were unreasonable
What does section 128(4) state
Husband has no legal defense if he sexually violates wife as they’re married after 1986
Section 128(B)
1) everyone who commits sexual v liable to 20 yrs
2) must be sentenced to imprisonment unless 3) applies
3) regard for the particular circumstances of the person and the offense including nature of offense
S128(1)
Sexual violation is act of a person who
a) rapes another person or
b) has unlawful sexual connection with another person
S128(2)
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person Bs genitalia by person As penis
a) without person Bs consent to the connection
And
b) without having reasonable grounds that person B consents to the connection
S128(3)
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
a) without person Bs consent to the connection
And
b) without believing on reasonable grounds that person B consented to the connection
S128(4)
One person can be convicted of sexual violation of another person if they were married to each other at the time
What’s definition of sexual connection and act section
S2CA
Connection effected by the introduction into the genitalia or anus of one person otherwise than for on medical grounds of
i) 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 persons genitalia or anus
Or
c) the continuation of connection as described in para a or b
What extent of penetration os nec to prove penetration ( introduction)
S2 (1A) CA1961
For purposes of s1(a) definition of sexual connection; introduction to the slightest degree is enough to effect a connection
Therefore the extent of penetration is irrelevant any degree of penetration no matter how slight or fleeting is sufficient
How may Proof of penetration be established
The complainants evidence
Medical exam incl phys injuries or DNA
Defendants admissions
What’s definition of genitalia and section
S2 CA 1961
Genitalia includes a surgically constructed or reconstructed organ analogous to the naturally occurring male or female genitalia ( whether female male or indeterminate sex)
R v koroheke
The genitalia comprises the reproduction organs interior and exterior
They include the vulva and labia and both interior and exterior at the opening of the vagina
What’s definition of penis
S2 CA 1961
Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis ( whether the person concerned is male female or indeterminate sex)
Description of object held or manipulated
Any object other than a part of the body