Sexual Violation

Question 1

What is sexual violation?

Answer 1

Non consensual sexual connection with another person

Question 2

What section creates the offence of sexual violation?

Answer 2

S128B

Question 3

What are the forms of sexual violation?

Answer 3

Sexual Violation by Rape

Seual Violation by Unlawful Sexual Connection

Question 4

What must be proven?

Answer 4

• There was an intentional act by the offender involving sexual connection with the complaininat and
• complainant did not consent and
• offender did not believe on reasonable grounds that the complainant consented or
• if the offender believed the complainant was consenting then the grounds for such belief were not reasonable

Question 5

What is the legislation in respect to spouses

Answer 5

There is no legal defence for a spouse who sexually violates their spouse

Question 6

What must happen to a person convicted of sexual violation?

Answer 6

They must be sentenced to a term of imprisonment unless the circumstances of the person convicted or the circumstances of the offence give the court reason to think that the person should not be sentenced to imprisonment

Question 7

Rape

Answer 7

S128(1)(a)
Person A rapes Person B is Person A has sexual connection with person be effected by the penetration of Person B’s genitalia by Person A’s penis
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection.

Question 8

Unlawful sexual connection

Answer 8

S128(1)(b)
Person A has unlawful sexual connection with person B if 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 9

Sexual connection

Answer 9

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise then for some genuine medical purpose of
(i) a part of the body of another person or
(ii) any object held or manipulated by another person or

(b) connection between the mouth or tongue of a person and any part of another persons genitalia or anus or
(c) a continuation of connection of a kind described in paragraph (a) and (b)

Question 10

penetration/introduction

Answer 10

introduction to the slightest degree is enough to effect penetration

Question 11

Proof of penetration

Answer 11

Complainant evidence
Defendant admissions
Medical examination

Question 12

Genitalia

Answer 12

includes any surgically constructed or reconstructed organ analogous to a naturally occurring male or female genitalia (whether the person in question is male, female or of in-determinant sex)