Day 9: Sexual Offences Caselaw

Question 1

R v Koroheke

Answer 1

The genitalia comprise the reproductive organs, interior and exterior. They include the vulva and labia both interior and exterior and the opening of the vagina.

Question 2

R v Cox(4)

Answer 2

Consent must be “full, voluntary, free and informed..freely and voluntarily given by a person in a position to form a rational judgement”.

Question 3

R v Gutuama

Answer 3

Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought the complainant was consenting”.

Question 4

R v Harpur

Answer 4

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendants conduct may be considered in its entirety.

Question 5

R v Court

Answer 5

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 6

R v Forrest and Forrest

Answer 6

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 7

R v Dunn

Answer 7

Indecency must be judged in light of the time, place and circumstances.

Question 8

R v Leeson

Answer 8

The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency.

Question 9

R v Cook

Answer 9

To be effective, consent must be “real, genuine or true consent, and that it may be conveyed by words, conduct or both”

Question 10

All caselaw (Sexual offences):

Answer 10

R v Koroheke
R v Cox
R v Cook
R v Gutuama
R v Harpur
R v Court
R v Dunn
R v Leeson