Definitions

Question 1

Rape

Answer 1

Is a form of sexual violation that involves the non-consensual penetration of the complaints genitalia by the offenders penis.

Person A Rapes person B if person A has sexual connection with person B, effected by penetration of person B’s genitalia by person A’s penis.

Question 2

Unlawful Sexual Connection

Answer 2

Has a wider meaning, and includes any form of non-consensual penetration or oral connection with persons genitalia or anus.

Question 3

Penetration

Answer 3

Introduction to the slightest degree is enough to effect a connection.

(“Introduction into” in the definition of sexual connection and penetration mean the same thing)

Question 4

Genitalia

Answer 4

Includes the penis and testicles of a male and the vagina and vulva of a female.

(Also includes a surgically or reconstructed organ similar to naturally occurring male and female genitalia)

Question 5

Consent

Answer 5

Is a person’s conscious and voluntary agreement to something desired or proposed by another.

Question 6

Subjective Test

Answer 6

Whether or not the complainant was consenting

Question 7

Objective Test

Answer 7

What would a reasonable person have believed if placed in the same position as the defendant

Question 8

Sexual Violation

Answer 8

Is an act of someone who -

Has unlawful sexual connection with another person.

Person A has unlawful sexual connection with persons B if person A has sexual connection with person B.
- without person B’s consent to the connection
- without believing on reasonable grounds that person B consents to the connection

Question 9

Assault with intent to commit Sexual Violation

Answer 9

An assault with intent to commit sexual violation may not be Sufficiently proximate to the full offence to constitute an attempt.

Question 10

Assault

Answer 10

Means the act of intentionally applying or attempting to apply force to the person or another.

Directly or indirectly, or threatening by any act or gesture to apply such force to the person of another.

If the person making the threat has, or causes the other to believe on reasonable grounds that he/she has present ability to effect his/her purpose.

Question 11

Indecency

Answer 11

An act that is “indecent” has sexual connotation and involves conduct directed at a person that is offensive to public moral values.