SU 3 CONTINUATION Flashcards
What is Crimen Iniuria?
Crimen Iniuria is the unlawful and intentional serious violation of the dignity and privacy of another person.
Elements of Crimen Iniuria
- Violation of a person’s dignity and privacy
- Serious Violation
- Unlawfulness
- Intention
Serious violation
Only punishable if violation is of a serious nature. Objective test applies.
Will depend on:
- The relationship of the parties
- Age
- Sex
- Degree of publicity
Unlawfulness
Grounds of justification:
- Official Capacity
- Consent
- Private defense
- Necessity
Intention of Crimen
X must be aware of violating a person’s dignity or privacy.
What is Rape?
Section 3 of the Criminal Law Amendment Act defines rape as any person (A) who unlawfully and intentionally commits an act of sexual penetration with complainant B, without the consent of B, is guilty of rape.
Elements of rape
- Act of sexual penetration, by A
- Committed without consent by B
- Unlawfulness
- Intention
What is Assault?
Assault is the unlawful and intentional act or omission
a. Which results in another person’s bodily integrity being directly or indirectly impaired, or
b. Which inspires a belief in another person that such an impairment of his or her bodily integrity is immediately to take place.
Elements of Assault
- Conduct which results in another person’s bodily integrity being impaired or inspiring that such an impairment will take place.
- Unlawfulness.
- Intention.
This crime….
This crime is committed by the application of force by X to Y’s body.
Direct application
the use of physical force from a part of X’s body to touch a part of Y’s body.
Indirect application
this is the use of an instrument to apply force on Y’s body.
Unlawfulness
Grounds of justification:
- Necessity
- Private defense
- Official Capacity
- Consent
Intention
X must intend to apply force on Y and must be aware of Y’s fear.
