Assault with intent to commit sexual violation Flashcards Preview

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Flashcards in Assault with intent to commit sexual violation Deck (9)
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1
Q

what is act, sec and penalty

A

S129(2) CA61

10 yrs

2
Q

What are the 4 elements

A

1- A person
2- assaults another person
3- with intent to commit sexual violation
4- of the other person

3
Q

person

A

Gender neutral prove by judical notice or circumstantial evidence

4
Q

Assault plus Sec?

A

Assault: Sec. 2, Crimes Act 1961
Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another.

5
Q

intent

A

there are specfic types of intention in an offence. frist there must be an intent to commit an act. second an intent to get a specfic result

6
Q

sexual violation

A

Sexual Violation: Sec. 128(1), Crimes Act 1961

(1) Sexual Violation is the act of a person who –
(a) rapes another person; or
(b) has unlawful sexual connection with another person

7
Q

Rape

OR

Unlawful sexual connection

A

Rape: Sec.128 (2), CA61
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis –
 without person B’s consent to the connection,
and
 without believing on reasonable grounds that person B consents to the connection.

OR

Unlawful Sexual Connection: Sec.128 (3), CA61
Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B -
 without person B’s consent to the connection,
and
 without believing on reasonable grounds that person B consents to the connection

8
Q

Sexual connection

A

Sexual Connection: Sec 2, CA61

(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 a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

9
Q

other person

A

Gender neutral proven by judical notice or circumstantial evidence

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