Test 2 2 of 2 Flashcards
having sexual intercourse with a woman other than his wife without that woman’s consent can be committed to any person of any gender.
Sexual Assault
Which Section defines Sexual assault?
Section 271
Which section of sexual assault is this ”(a) with a weapon, (b) threatening to cause harm to a person other than the complainant, or (c) causing bodily harm to the complainant”
Section 272
Which Section is about aggravated sexual assault
Section 273
Which Section of sexual assault is this “Everyone commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant”
Section 273 (1)
is this Mens rea or Actus reus in Sexual Assault: involves the intentional or threatened application of force without consent. This action (conduct) and the lack of consent (circumstance).
Actus Reus
is this Mens rea or Actus reus in Sexual Assault: (a) intention to touch and (b) knowledge of, or wilful blindness or recklessness as to, to absence of consent
mens rea
What is this: players consent to certain degrees of force by agreeing to participate, accepting both contact within the game’s rules and contact that.
Consensual
what does the consent of sports become: if players consent to a certain level of force when participating in sports, there are instances where the force used may exceed the scope of this consent. actions that demonstrate a deliberate intent to inflict injury typically fall outside the scope of consent.
non-consensual
Essential elements for a conviction of Criminal harassment
- the accused engaged in any of the conduct described in s 264(2)
- the victim was harassed
- the accused knew, or was reckless or wilfully blind as to whether the victim was harassed
- the conduct caused the victim to fear for their safety or that of anyone known to them
- the victim’s fear was reasonable in all the circumstances
Which section is this and what offence is this: (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection.
Section 264; Criminal harassment
what is this: Whereas kidnapping requires moving the victim from one place to another, ____ or imprisonment involves restraining a person from moving from place to place
unlawful confinement
What is Obstruction of Failure of ID
- Obstruction to mislead the police
- if there is a Statutory duty to do
What are the circumstances that would become invalid of Sexual assault & Consent? where consent is not or cannot be given lawfully or effectively.
- application of force
- threats or fear of the application of force
- Fraud
- the exercise authority
What are two essential words that make consent valid?
- Informed
- voluntary