Sexual Offences

Question 1

Elements: Crimes Act 1961, Section 128(1)(a)

Answer 1

Sexual violation by rape

• A person
• Rapes
• Another person

Question 2

Elements: Crimes Act 1961, Section 128(1)(b)

Answer 2

Sexual violation by unlawful sexual connection

• A person
• Has unlawful sexual connection
• With another person

Question 3

Elements: Crimes Act 1961, Section 129(2)

Answer 3

Assault with intent to commit sexual violation

• A person
• Assaults
• Another person
• With intent to commit sexual violation of the other person

Question 4

Elements: Crimes Act 1961, Section 132

Answer 4

Sexual conduct with a child under 12

• A person
  (1) has sexual connection with a child
  (2) Attempts to have a sexual connection with a child
  (3) Does an indecent act on a child

Question 5

Elements: Crimes Act 1961, Section 134

Answer 5

Sexual conduct with a young person under 16

• A person
  (1) Has sexual connection with a young person
  (2) Attempts to have sexual connection with a young person
  (3) Does an indecent act on a young person

Question 6

Elements: Crimes Act 1961, Section 135

Answer 6

Indecent Assault

• A person
• Indecently assaults
• Another person

Question 7

Definition: Sexual violation

Answer 7

A sexual violation is the act of a person who rapes another person or has unlawful sexual connection with another person

Question 8

Definition: Rape

Answer 8

Rape is penetration of a persons genetalia by another’s penis (or surgically constructed penis) without consent or without believing on reasonable grounds that there was consent

Question 9

What must be proved in relation to sexual violation?

Answer 9

• There was intentional act by the offender involving sexual connection with the complainant, and
• The complainant did not consent to the sexual act, and
• The offender did not believe the complainant was consenting, or
• If he did believe she was consenting, the grounds for such belief were not reasonable.

Question 10

Definition: Penetration

Answer 10

introduction to the slightest degree (proven by complainant evidence, medical exam, defendant admissions)

Question 11

Definition: Sexual connection

Answer 11

a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of
(i) a part of the body of another person, or
(ii) an object held or manipulated by another person, or
(b) Connection between the mouth or tounge of one person and a part of another persons genitalia or anus, or
(c) The continuation of connection of a kind of described in paragraph a) or b)

Question 12

Definition: Genetalia

Answer 12

penis and testicles of the male and the vagina and vulva of a female

Also includes surgically constucted or reconstucted genitalia to allow for offences involving trans-gender individuals

Question 13

Case law: Genitalia

Answer 13

R v Koroheke

Question 14

Definition: Consent

Answer 14

Conscious and voluntary agreement to something desired or proposed

Question 15

Case law: Consent

Answer 15

R v Cook
R v Cox

Question 16

Definition: Penis

Answer 16

Male organ of reproduction

Includes a surgically constructed or reconstucted organ analogous to a naturally occuring penis.

Question 17

Subjective Test - Absence of consent

Answer 17

Whether or not the complainant was consenting is a subjective test. i.e what was the complianant thinking at the time?

Crown must prove complainant was not consenting

Question 18

Objective Test - Reasonable grounds for belief in consent

Answer 18

What would a reasonable person have believed if placed in the same position as the Defendant?

Question 19

Case Law: Objective Test

Answer 19

R v Gutuama

Question 20

Definition: Indecency

Answer 20

an idecent act has sexual connotations and involves conduct directed at a person that is offensive to public moral values

Question 21

Case Law: Idecency

Answer 21

R v Court
R v Dunn
R v Leeson

Question 22

Section 128(A) (invalid consent)

Answer 22

• Mistaken indentity
• Impairment (drug/alcohol)
• Nature and quality of the act mistake
• Impairment (intellectual, phsyical or mental)
• Force (feared, applied, threatened)
• Asleep, unconcious
• Protest or resistance lacking

Question 23

Section 134(A) (Defence to consent)

Answer 23

It is a defence if the complainant consented, the defence took all reasonable steps to ascertain that the young person was over 16 and the defendant believed on reasonable grounds that the young person was over 16

Question 24

Section 134(4)

Answer 24

It is a defence if the young person and accused are married