Sexual Violation by Rape

Question 1

What is the Section, Subsection and Act of Sexual Violation by Rape?

Answer 1

Section 128(1)(a), Crimes Act 1961

Question 2

What is Sexual Violation Defined?

Answer 2

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

Question 3

What are the elements of Sexual Violation by Rape?

Answer 3

A person rapes another person

Question 4

What is the definition of a person?

Answer 4

Accepted by judicial notice or proved by circumstantial evidence.

Question 5

What must a person have to rape?

Answer 5

A penis.

Question 6

Under Section 128 of the Crimes Act 1961, what is rape defined?

Answer 6

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,
(a) without person B’s consent to the connection, and
(b) without believing on reasonable grounds that person B consents to the connection.

Question 7

Under Section 2(1A) of the Crimes Act 1961, what is penetration defined?

Answer 7

Introduction to the slightest degree is enough to effect a connection.

Question 8

How may proof of penetration be established?

Answer 8

The complainant’s evidence, medical examination and offenders admissions.

Question 9

Under Section 2 of the Crimes Act 1961, what is Unlawful Sexual Connection defined?

Answer 9

(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise for genuine medical purposes, of
(i) the 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 another person’s genitalia or anus, or

(c) The continuation of connection of a kind described in paragraph’s (a) and (b).

Question 10

What is an example of case law regarding the definition of genitalia?

Answer 10

R v Koroheke

The genitalia comprise the reproduction organs, interior and exterior.

The involve the vulva (and) labia, both the interior and exterior, at the opening of the vagina.

Question 11

What is consent defined?

Answer 11

Consent is a persons conscious and voluntary agreement to something desired and proposed by another.

Question 12

What three things must the Crown prove regarding Consent?

Answer 12

The complainant did not consent to the sexual act (subjective text), and

The offender did not believe the complainant was consenting (subjective text) , and

If he did believe she was consenting, the grounds for such a belief were not reasonable (objective text).

Question 13

Name two examples of case law relevant to consent?

Answer 13

R v Cox and R v Gutuama.

Question 14

Explain R v Cox?

Answer 14

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

Question 15

Explain R v Gutuama?

Answer 15

Under the objective test, the crown must prove that “no reasonable person in the accused’s shoes could have thought (the complainant) was consenting.

Question 16

What Act, Section and Act describes matters that do not constitute consent in themselves?

Answer 16

Section 128A of the Crimes Act 1961

Question 17

Name seven examples of matters that do not constitute consent in themselves, that may be used as defence?

Answer 17

No protest or physical resistance to the activity.

Allowing the activity because of force applied, the implied or expressed of the application of force or the fear of the application of force.

Person is asleep or unconscious.

So effected by alcohol or other drug that they cannot consent to the activity.

Effected by a mental, intellectual or physical condition that they cannot consent to the activity.

Mistaken to who the other person is.

Mistaken to the nature and quality of the activity.