Sexual Violation By Rape

Question 1

Act and section

Answer 1

128(1)(a) Crimes Act 1961

Question 2

Penalty

Answer 2

20 Years Imprisonment

Question 3

Ingredients

APRAP

Answer 3

1) A person
2) Rapes
3) Another person

Question 4

Definition of a person under act

GN.PBJNOCE

Answer 4

Gender neutral. Proven by Judicial notice or circumstantial material.

Question 5

Define Rape

PARPBIPAHSCWPB, EBTPOPBGBPAP

WPBCTTCAWBORGTPBCTTC

Answer 5

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.

Section 128 (2), Crimes Act 1961

Question 6

Definition of penetration under the act

IAPHTSM
ITTSDIETEAC

Answer 6

Introduction and penetration have the same meaning.

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

Section 2(1A) Crimes Act 1961.

Question 7

Proof of penetration

CE, ME, AA

Answer 7

Proof may be provided by:

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

Question 8

What is defined in Section 2, Crimes Act 1961.

GIASCORO, ATANOMOFG(WTPCIM, FOOIS)

Answer 8

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

Section 2, Crimes Act 1961

Question 9

Case law:
R v Koroheke

TGCTRO, IAE, TITVATL, BIAEATOOTV

Answer 9

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

R v Koroheke

Question 10

Define “Consent” under the act

CIAPCAVATSDOPBA

Answer 10

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 11

Case law:
R v Cox

CMBF, V, FAI. FAVGBAPIAPTFARJ

Answer 11

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

R v Cox

Question 12

Matters that do not constitute consent

Sec 128A, Crimes Act 1961

NPOOPRTUOF
AOFTSOO, TOFTSOO, OFOFTSOO, AOU, SABD/ATCC, SABMITCC, MI, MATTNAQOTA

Answer 12

• not protesting or offering physical resistance to use of force
• application of force to self or others, threats of force to self or others, or fear of force to self or others
• asleep or unconscious
• so affected by drugs/alcohol they cannot consent
• so affected by mental impairment they cannot consent
• mistaken ID
• mistaken as to the nature and quality of the act

Question 13

Reasonable Grounds

TEORGIATSP

Answer 13

The establishing of Reasonable Grounds is a three step process.

Question 14

Subjective Test - Step 1 (A)

AOC, WATCTATT, WSC

Answer 14

Absence of Consent

What was the complainant thinking at the time? Was she consenting?

Question 15

Subjective Test - Step 2 (B)

BIC, ISWC, DTOBSWC, WWTOTATT

Answer 15

Belief in Consent

If she wasn’t consenting, did the offender believe she was consenting. i.e. what was the offender thinking at the time.

Question 16

Objective Test - Step 3 (RB)

RGFBIC, ITOBTCWC, WTBRITC, WWARPHBIPITSP

Answer 16

Reasonable grounds for 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.

Question 17

Case law:
R v Gutuama

UTOT, TCMPTNRPITASCHTTTCWC

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.