Strictly Liabilities

Question 1

Sexual violation by rape

Elements

Answer 1

CA61; S128(1)(a)

1. A person:
- Gender neutral
RTS

2. Rapes:
- Definition
- Genitalia / Penis R v Koroheke / CA61 s2
- Penetration R v Koroheke and how evidence of penetration can be established
- Consent (lack thereof) Cox / Koroheke / Gutuama / Adams
- CA61; 128A (invalid consent)
- Subjective/Objective test
RTS

3. Another person:
- Gender neutral, age irrelevant to the charge
RTS

Question 2

Sexual violation by unlawful sexual connection

Elements

Answer 2

CA61; S128(1)(b)

1. A person:
- Gender neutral
RTS

2. Has unlawful sexual connection with:
- Definition (eg sexual connection as per CA61; s2, and when this becomes unlawful sexual connection).
- Genitalia / Penis / Vagina / Tongue R v Koroheke / CA61 s2
- Penetration / contact / R v Koroheke and how evidence of penetration can be established
- Consent (lack thereof) / R v Cox / R v Gutuama / R v Koroheke
- CA61; 128A (invalid consent)
- Subjective/Objective test
RTS

3. Another person:
- Gender neutral, age irrelevant to the charge
RTS

Question 3

Assault with Intent to Commit Sexual Violation

Section, Penalty, Elements

Answer 3

CA61; S129(2)

1. A person:
- Gender neutral
RTS

2. Assaults:
- Definition (CA61; S2 - can be shortened eg, the intentional application of force to the person of another, directly or indirectly)
RTS

3. Another person:
- Gender neutral, age irrelevant to the charge
RTS

4. With intent to commit sexual violation:
- Intent (two types; Collister)
- Sexual violation; unlawful sexual connection; rape (as appropriate)
- Penetration and lack of / contact R v Koroheke - Consent (lack thereof) Cox / Koroheke / Gutuama / Adams
- CA61; 128A (invalid consent)
- Subjective/Objective test
RTS

Question 4

Sexual conduct with a child under 12 - Elements

Answer 4

Sexual conduct with a child under 12
CA61; S132

• *1. A person:**
• Gender neutral

2. Has sexual connection:
- Definition (CA61; s2)
- Consent; R v Cox - 10 or 11 year old not able to consent save for exceptional and rare circs; R v Cox - not reasonable for adult to believe a child was consenting to sexual activity; (remember consent is not a defence, but there will be an element of it otherwise s128)
- S132(4) - not a defence they believed the child was over the age of 12
- s 132(5) - not a defence that the child consented
RTS

• *3. With a child under 12:**
• *- R v Forrest and Forrest** - demonstrate the person’s age

**

ss(2): Attempts to have sexual connection with

ss(3): Does an indecent act on

Question 5

Sexual Conduct with a Young Person Under 16 - Elements

Answer 5

CA61; s134(1):

• *1. A person:**
• Gender neutral

2. Has sexual connection:
- Definition (CA61; s2)
- Consent (remember consent is not a defence, but there will be an element of it otherwise s128)
- s134(4) defence - they were not married to the young person at the time
- s134A - reasonable steps; belief; consent - address this defence
RTS

• *3. With a young person under 16:**
• R v Forrest and Forrest - demonstrate the person’s age

**

CA61; S134(2): Attempts to have sexual connection with

CA61; S134(3): Does an indecent act on

Question 6

Indecent Assault - Elements

Answer 6

• *1. A person:**
• Gender neutral

2. Indecently assaults:
- Assaults - Definition (CA61; s2 - can be shortened eg as per CA61; s2 the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly)
- Indecent aspect - Court x2 / Dunn / Leeson / Norris
- What the Crown must prove (intended the conduct / subjective; objective test)
RTS

• *3. Another person:**
• Gender neutral

Question 7

Incest

Elements and liability structure

Answer 7

CA61; s130 ss(1)(a) and (b);
10 years imprisonment

• *1. A person:**
• Gender neutral

2. Has sexual connection with
- Definition (CA61; s2)
- Consent
RTS - remember to address that there is consent between the parties

• *3. A parent and child or siblings, half-siblings or grandparent and grandchild**
• RTS - cover off the nature of the relationship
• *4. And the person charged knew of the relationship**
• R v Forrest and Forrest - Demonstrate the person’s age (over 16)
• RTS how they were aware of the relationship

Question 8

Sexual Conduct with Dependant Family Member

Elements / liability structure

Answer 8

CA61; S131 ss(1)

• *1. A person:**
• Gender neutral
• *2. Has sexual connection with:**
• Definition (CA61; s2)
• Consent (remember consent is not a defence, but there will be an element of it otherwise s128)

3. A dependant family member:
- S131A - how the relationship meets the definition of a dependent family member
RTS - cover off the nature of the relationship and authority over the young person

• *4. Under the age of 18:**
• R v Forrest and Forrest - Demonstrate the person’s age (over 16 / under 18).

***

ss(2) - Attempts to have sexual connection with

ss(3) - Does an indecent act on a dependent family member

***

Of note:

(4) The dependent family member cannot be charged as a party to the offence.
(5) It is not a defence to a charge under this section that the dependent family member consented.