As proven by judicial notice or circumstancial evidence
Section 2, CA 61 Genitalia includes surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex).
Section 2(interpretation), CA 61 includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex.
The anus is not included within the definition of genitalia, and therefore non-consensual penile penetration of the anus is not rape. The appropriate charge would be a sexual violation by unlawful sexual connection
Objects held or manipulated
This provision applies to anything, other than a part of his body, used by the offender to penetrate the complainant's genitalia or anus. For example a vibrator etc.
Mouth or tongue
In the case of oral sexual connection, it is not necessary for there to be penetration; any touching of a person's genitalia or anus with another person mouth or tongue is sufficient.
The definition of sexual connection includes the continuation of such acts, capturing situation where sexual activity is started consensually, but consent is later withdrawn. There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing.
No presumption because of age
Section 127, CA 61 This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection. Therefore it would not be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection
Consent is a person's conscious and voluntary agreement to something desired or proposed by another. R v Cox
The concept of reluctant consent was discussed. The court held that a true consent may be given reluctantly or hesitantly and may be regretted afterwards, but if the consent is given even in such a manner, provided it is without fear of the application of force or the result of actual or threatened force, then the act of sexual connection would not be rape. R v Herbert
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. Rape is a specific form of unlawful sexual connection that involves the penetration of the complainant's genitalia by the offender's penis.
Sexual connection defined
Section 2, CA 61 Sexual connection means - (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 genitalia or anus; or (c) the continuation of connection of a kind described in paragraph (a) or para (b)
Child means a person under the age of 12
Means a person under the age of 16
R v Court - Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant
Genuine medical purpose
Some medical procedures involve the penetrating of the patients genitalia or anus by a doctor. Provided its done for genuine medical purposes, such penetration is excluded from the definition of sexual connection
Section 2(1A), CA 61 - Introduction to the slightest degree is enough to effect a connection
Crimes Act 1961, Section 2 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, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose
Dependent family member
One person is the dependant family member of another person - a) if the other person has power authority over him or her and is; (i) his or her parents, step-parent, foster parent, guardian, uncle, or aunt or; (ii) a parent, step-parent, foster parent of a person described in subpara (i); or (iii) a child of his or her parent or step-parent; or (iv) the spouse or de facto partner of a person described in sub para (i), (ii) or (iii) or; b) if they are members of the same family, whanau, or any other culturally recognised family group, and the other person
Step relationships (incest)
A step parent and step child are not "parent and child " under section 130. A sexual relationship between this relationship may fall under section 131 CA 61.
In criminal law context, there are two specific types of intention in an offence. First, there must be an intention to commit the act and secondly, an intention to get a specific result.