Sexual violation by unlawful sexual connection

Question 1

Section

Answer 1

Section 128(1)(b) Crimes Act 1961

Question 2

Penalty

Answer 2

20 years

Question 3

Ingredients

Answer 3

1) A person
2) Has Sexual Connection
3) With another person

Question 4

A person

Name the three things

Answer 4

• Gender neutral
• Proven by judicial notice or
• Circumstantial evidence

Question 5

Unlawful sexual connections 
Section 128(3), Crimes Act 1961

Answer 5

Person A has unlawful sexual connection with person B is Person A has sexual connection with person B-

a) without person B’s consent to the connection AND
b) Without believing on reasonable grounds that person B consents to the connection

Question 6

Sexual connection

Section 2, Crimes Act 1961

Answer 6

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 tongue of one person and part of another person’s genitalia or anus, or
c) the continuation of connection of a kind described in paragraph a) or b)

Question 7

Are introduction and penetration the same thing?

Answer 7

Yes

Question 8

What degree of introduction must be effected to constitute connection?

Answer 8

Introduction to the slightest degree is enough to effect connection

Question 9

What three things can be used as proof of penetration:

a) CCTV footage
b) Witness accounts
c) Medical examination (DNA , injuries)
d) Offenders admissions
e) The complainants evidence

Answer 9

c) d) and e)

Question 10

The genitalia comprise the reproduction organ, interior and exterior…they include the Vulva and the labia, both interior and exterior, at the opening of the vagina.

Answer 10

R v Koroheke

Question 11

Genitalia

Answer 11

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (weather the person concerned is male, female, or of indeterminate sex)

Question 12

Consent must by full, voluntary and informed…freely and voluntarily given by a person in a position to form rational judgment.

Answer 12

R v Cox

Question 13

Name the matters that dont constitute consent

Answer 13

Matters that don’t constitute consent

• Not protesting or offering physical resistance to use of force.
• Application of force to self or other, threats of force o self or other, or fear of force to self or other.
• Asleep or unconscious
• So affected by drug/alcohol they cannot consent.
• So affected by mental or physical impairment they cannot consent
• Mistaken ID
• Mistaken as to the nature and quality of the act

Question 14

Reasonable Grounds:

What was the complainant thinking at the time? Was s/h consenting?

Answer 14

Subjective test- step 1

Absence of consent

Question 15

Reasonable Grounds
if S/he were not consenting did the offender believe the complainant was consenting? What was the offender thinking at the time.

Answer 15

Subjective test-step2

Belief in consent

Question 16

Reasonable Grounds
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. I.e What would a reasonable person have believed if placed in the same position as the Defendant.

Answer 16

Objective test-step 3

Belief in Consent

Question 17

Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that the complainant was consenting

Answer 17

R v Gutuama