Sexual Violation

Question 1

What is sexual violation?

Answer 1

Non consensual sexual connection. It is the act of a person who rapes another person or has unlawful sexual connection with another person.

Question 2

What is the difference between rape and unlawful sexual connection?

Answer 2

Rape - Non consensual connection effected by the penetration of the complainants genitalia by the offenders penis.

Unlawful sexual connection includes any form of non consensual penetration or oral connection with a person’s genitalia or anus.

Question 3

In all cases of sexual violation, what must the crown prove beyond reasonable doubt?

Answer 3

• There was an intentional act by the offender involving sexual connection with the complaiant
• The complainant did not consent to the sexual act
• The offender did not believe the complainant was consenting
• If the offender did believe the complainant was consenting then the grounds for that belief was unreasonable

Question 4

What does s128(4) relate to regarding sexual violation?

Answer 4

A spouse that violates their spouse does not have a defense that they were married at the time.

Question 5

What is genitalia?

Answer 5

The organs of generation. They include the penis and testicles of a male and the vulva and vagina of a female. It also includes a surgically constructed or resconstructed genitalia.

Question 6

Describe a situation of sexual connection described by the continuation of a connection of a kind described under the sexual connection definition?

Answer 6

Sexual activity that starts consensually but consent is later withdrawn and the connection continues

Question 7

If consent to sexual activity is withdrawn at what point does the other party have an obligation to stop the connection?

Answer 7

At the point they realise the other person is or may be, no longer willing.

Question 8

Describe the presumption of age in relation to sexual violation?

Answer 8

There is no presumption of age therefore any person of any age is capable of being involved in a sexual connection.

Question 9

What must the crown prove to establish the sexual connection was unlawful?

Answer 9

Establishing that sexual connection was unlawful involves a subjective/objective tests in relation to consent.

The crown must prove that:

• The complainant was not consenting to the sexual act occurring
• The offender believed the complainant was not consenting to the sexual act occurring
• If the offender did believe the complainant was consenting, the grounds for the belief were unreasonable.

Question 10

What must the crown prove to show that consent was not present in a case of sexual violation?

Answer 10

• The Victim did not consent
• That the Victims consent was not valid
• The offender did not believe on reasonable grounds that the Victim was consenting,