Sexual violation Flashcards
Sexual Violation by
Unlawful Sexual Connection Sec 128(1)(b) CA61
A Person
Has Unlawful Sexual Connection
With another person
Unlawful Sexual Connection
Person A has USC with person B
If person A has sexual connection with B:
Without person B’s consent
And
Without believing on reasonable geounds that personB consents to the connection
Sexual Connection
Connection effected by the introduction into the genitalia / anus of one person, other than for genuine medical pupose of:
A part of the body of another person
Or
An object held or manipulated by another
Or
Connection between mouth/tongue of one person and part of another person’s genitalia/anus
Or
The continuation of connection of a kind described above
Consent
A person’s conscious and voluntary agreement to something desired or proposed by another
R v Cox
“Consent must be full, voluntary, free and informed…”
“Freely and voluntary given by a person in a position to form a rational judgement”
Genitalia
Organs of generation.
Includes penis and testicles and vagina and vulva.
Also includes surgically constructed or reconstructed anologues
R v Koroheke
“The genitalia comprise the reproductive organs, interior and exterior. They include vulva and labia at the opening of the vagina”
Penitration is entry to the genitalia even to the slightest degree.
Penitration
May be proved by
Complainants evidence
Medical examination
Accused’s admissions
R v Gutuama
“Under the objective test, the crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting”
Was the complainant consenting
Did the accused believe she was consenting
What would a reasonable person have believed if placed in the same place as the defendnant
Victim
Sec 4 Victims Rights Act 2002
A person whom an offence is committed
A person who suffers physical injury or
Loss or damage to property*
A parent/guardian of a child/ young person who is a victim*
A member of immediate family of a person who dies or is incapable*
*as a result of an offence being committed by another person
Sec 29
Victims of specified offences
Sexual assault
Other serious assault
Resulted in serious injury/death/incapable
One of another kind that led the victim to:
Fear for their safety/security
Fear for the saferty/security of immediate family member
Specialist Sexual Assault Speacilist Support
ASA victims must be refered to a specialist sexual assault support service as soon as possible and be encouraged to have them throughout investigation
Role: to maximise the phychological and emotional well-being of the victim
