sexual Violation by Rape

Question 1

Section

Answer 1

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

Question 2

Penalty

Answer 2

20 years

Question 3

Ingredients

Answer 3

1) A Person
2) Rapes
2) Another Person

Question 4

Rape

Answer 4

Person A rapes person 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 5

Penetration

Answer 5

Introduction and penetration have the same meaning.

Introduction to the slightest degree is enough to effect connection.

Question 6

Proof of penetration

Answer 6

• Complainants evidence
• Medical examination-(DNA, injuries)
• Accused’s admissions

Question 7

Genitalia

Section 2, Crimes Act 1961

Answer 7

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (weather the person concerned is male, female, or of indeterminate sex)

Question 8

R v Koroheke

Answer 8

The genitalia comprise the reproduction organ, interior and exterior…they include the Vulva and the labia, both interior and exterior, at the opening of the vagina.

Question 9

Penis

Answer 9

Penis includes a surgically constructed or reconstructed organ analogous to naturally occurring penis (weather the person concerned is male, female, or of indeterminate sex)

Question 10

Consent

Answer 10

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

Question 11

R v Cox

Answer 11

Consent must by full, voluntary and informed…freely and voluntarily given by a person in a position to form rational judgment.

Question 12

Matters that do no constitute consent

Section 128A Crimes Act 1961

Answer 12

• Not protesting or offering physical resistance to use of force.
• Application of force to self or other, threats of force o self or other, or fear of force to self or other.
• Asleep or unconscious
• So affected by drug/alcohol they cannot consent.
• So affected by mental or physical impairment they cannot consent
• Mistaken ID
• Mistaken as to the nature and quality of the act

Question 13

How many steps are there to establish Reasonable Grounds

Answer 13

three

Question 14

Reasonable Grounds

Subjective Test-Step 1

Answer 14

Absence of consent

What was the complainant thinking at the time? Was s/h consenting?

Question 15

Reasonable Grounds

Subjective Test-Step 2

Answer 15

Belief in consent
if S/he were not consenting did the offender believe the complainant was consenting? What was the offender thinking at the time.

Question 16

Reasonable Grounds

Objective test-Step 3

Answer 16

Belief in Consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. I.e What would a reasonable person have believed if placed in the same position as the Defendant.

Question 17

R v Gutuama

Answer 17

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

Question 18

Person

Answer 18

Gender neutral. Proven by judicial notice or circumstantial evidence