Sexual Violation by Unlawful Sexual Connection - s128(1)(b)

Question 1

Sexual Violation by Unlawful Sexual Connection
- s128(1)(b) CA 1961
- 20yrs

Answer 1

• A person
• Has unlawful sexual connection with
• Another person

Question 2

Unlawful Sexual Connection
- s128(3) CA91

Answer 2

Is sexual connection
• without consent to the connection, &
• without believing on RG the person consented to the connection.

Question 3

Sexual Connection
- s2 CA61

Answer 3

Introduction into the genitalia or anus by part of another’s body, object or mouth. Excludes legit medical exams etc..

Question 4

Introduction / Penetration
- s2 CA61

Answer 4

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

Proof by:
• Complainants evidence
• Accused’s admissions
• Medical exam (DNA, injuries.)

Question 5

KOROHEKE (Genitalia)

Answer 5

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

Question 6

Consent

Answer 6

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

Question 7

COX (Consent)

Answer 7

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

Question 8

Crown must prove

Answer 8

• Victim didn’t consent
• Offender didn’t believe they consented
• If he believes she consented, grounds for belief were unreasonable

Question 9

Consent Invalid
- s128A CA 1961

Answer 9

• Asleep or unconscious
• So affected by alcohol or drugs
• So affected by mental or physical impairment
• Mistaken identity
• Mistaken as to the nature and quality of the act
• Application, threats or fear of force
• Not resisting or protesting.