Sexual Offending

Question 1

What section is SEXUAL VIOLATION BY RAPE

Answer 1

128(1)(a)

Question 2

What section is SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION?

Answer 2

Section 128(1)(b) ca1961

Question 3

What section is SEXUAL CONDUCT WITH A CHILD UNDER 12?

Answer 3

Section 132 crimes act 1961
(1) (2) or (3)

Question 4

What section is SEXUAL CONDUCT WITH YOUNG PERSON UNDER 16?

Answer 4

Section 134, crimes act 1961
(1) (2) or (3)

Question 5

What section is INDECENT ASSAULT

Answer 5

Section 135 crimes act

Question 6

What are the elements of SEXUAL VIOLATION BY RAPE?

Answer 6

• a person
• rapes
• another person

Question 7

What are the elements of SEXUAL VIOLATION BY UNLAWFUL SEXUAL CONNECTION?

Answer 7

• a person
• has unlawful sexual connection
• with another person

Question 8

What are the elements of s132?

Answer 8

• a person
  (1) has sexual connection with a child under 12
  (2) attempts to have sexual connection with a child under 12
  (3) does an indecent act on a child

Question 9

What are the elements of 134?

Answer 9

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 10

What are the elements of s135?

Answer 10

• a person
• indecently assaults
• another person

Question 11

Define rape

Answer 11

“Jack has sexual connection with Jill by penetrating Jill’s genitalia with Jack’s penis, without the consent of Jill and without belief on reasonable grounds that Jill consented”

Question 12

Define sexual connection

Answer 12

As per s2(a) of the crimes act, sexual connection includes connection effected by the introduction into the genitalia/anus (otherwise than for genuine medical purposes) (i) of a part of the body, (ii) of an object held/manipulated, or (b) connection between the mouth/tongue and the genitalia/anus.

Question 13

Define PENETRATION

Answer 13

Introduction to the slightest degree, no matter how slight or fleeting

Refer to penetration proof triangle!

Question 14

What are the 3 points of the penetration proof triangle?

Answer 14

1. Defendant’s admissions
2. Complainants evidence
3. Medical evidence/DNA/injuries etc

Question 15

Define genitalia

Answer 15

R v Koroheke - genitalia means the female reproductive organs, interior or exterior, including vagina, vulva and labia

Question 16

Discuss the element of consent in sexual offences…

Answer 16

A persons conscious and voluntary agreement to something desired or proposed by another.

R v Cox- must be full voluntary free and informed, made by a person in a position to form a rational judgement

Subjective: was the complainant consenting? Did the defendant believe the complainant was consenting?

Objective: R v Gutuama - what would a reasonable person think in the circumstances?

Question 17

What does R v Gutuama refer to?

Answer 17

Objective test for consent

What would a reasonable person think in the circumstances

Question 18

What does section 128A refer to?

Answer 18

When consent is not valid

Question 19

What are some reasons consent would not be valid?

Answer 19

• given through mistaken ID
• influenced by alcohol/drugs
• intellectually/physically disabled
• mistaken about nature of act
• forced or threatened to consent (R v Koroheke)

Question 20

In the context of 128A, what does R v Koroheke relate to?

Answer 20

It is important to distinguish the difference between consent that is given freely and submission by a person to what they may regard as unwanted but unavoidable

Question 21

What does R v Harpur relate to?

Answer 21

Attempts!

An attempt must be sufficiently proximate to the offence itself. Gone beyond mere preparation and actions should not be considered in isolation, but as a series.

Question 22

Which two case laws relate to Indecent Acts?

Answer 22

R v Court

R v Dunn

Question 23

R v Court defines an indecent act as…?

Answer 23

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 24

What does R v Dunn say about indecency?

Answer 24

Indecency is to be judged in the light of time/place/circumstances. Must be more than trifling and sufficient to warrant the sanction of the law.

Question 25

Indecent act on a child… it is immaterial whether…

Answer 25

The act is done by the offender
The act is done by the child
The act done was mutual

Question 26

When referring to under 12 year olds, what does R v Gutuama say?

Answer 26

R v Gutuama says no reasonable person would say an under 12yo could consent, so their consent if given is irrelevant!

Question 27

What are the two defences under s135 relating to sexual conduct with a child?

Answer 27

135(4) - believing a child to be over 12 is not a defence

135(5) consent is no defence to this charge

Question 28

What is the 134A defence? (Sexual conduct with a YP)

Answer 28

It may a defence if the defendant
- took reasonable steps to ensure they were 16
- believed on reasonable grounds that they were 16
- the young person consented

Question 29

What two caselaw relate to Indecent Assaults 135

Answer 29

R v Leeson

R v Norris

Question 30

Discuss R v Leeson

Answer 30

R v Lesson - an indecent assault is an assault accompanied by circumstances of indecency

Question 31

Discuss R v Norris

Answer 31

If a person charged with indecent assault is able to establish that they honestly believed the complainant was consenting this can be a defence.

NB THEIR BELIEF DOESNT HAVE TO BE REASONABLE