Penetration of genitalia by a penis (including surgically constructed penis) without consent and without believing on reasonable grounds there was consent.
And Proven by (3 things)
“Introduction to the slightest degree”
- Proven by:
• Medical exam
• Victims statement
• Defendants admission
Reproduction organs, internal & external
A person who rapes or has unlawful sexual connection with another person.
Unlawful Sexual Connection
• Introduction into genitalia or anus by part of another’s body, object or mouth, excluding medical exams
• No consent
• no belief on reasonable grounds there was consent
Crown must prove:
• Complainant did not consent
• Offender didn’t believe they consented
• If he believes she did consent, grounds for belief were unreasonable.
Section 128A consent invalid if:
• Resisting or protest
• Threat, fear or forced
• Asleep or unconscious
• Ao affected by alcohol or drugs
• Intellectual mental/physical impairment
• Mistaken ID
• Mistake to nature & quality of the act
Sexual Connection definition
(A) Introduction into the genitalia or anus, excluding genuine medical purposes
(i) a part of a body of another
(ii) an object held or manipulated by another person
(B) Connection between the mouth or tongue of one person and another persons genitalia or anus, or
(C) The continuation or connection described in paragraph (A) or (B)
What does section 128B Crimes Act 1961 outline?
It’s states that punishment for sexual violation is a term of imprisonment not exceeding 20 years and imprisonment should be imposed upon conviction unless there are special circumstances to justify a departure from that rule.
What should you explain to the victim prior to a medical examination?
• That it will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
• The benefits of a full medical forensic examination including-
- Potential benefit to the physical, sexual and mental well-being
- How the examination can help Police obtain evidence to apprehend the offender
• The expected time frame for the examination and if appropriate possible outcomes of the examination
A person’s conscious and voluntary agreement to something desired or proposed by another