Sexual Violation by Rape Flashcards
1
Q
Act and Section
A
128(1)(a) CA 1961
2
Q
penalty
A
20 years
3
Q
Ingredients
A
A person
Rapes
Another person
4
Q
Rape
A
S128(2) CA 1961
Person A rapes Person B if Person A has sexual connection with Person B, effected by the penetration of Person B genetalia by Person A penis
Without Person B consent to the connection
Without belief on reasonable grounds that Person B consented to the connection
5
Q
consent
A
a persons conscious and voluntary agreement to do something proposed or desired by another
R v Cox
Consent must be full, voluntary, free and informed
What was the complaintant thinking? was she consenting
What did the accused think she was consenting
What would a reasonable person believe there was consent if in the same situation
