Important to know

Question 1

Proving Penetration

Answer 1

The complaints evidence

Medical examination (DNA evidence, physical injuries)

The defendants admissions

Question 2

Attempted Sexual Violation

Answer 2

An attempt to commit sexual violation does not necessarily involve assault.

Question 3

Continuation

Answer 3

Of such acts, capturing situations where sexual activity is commenced consensually, but consent is later withdrawn.

Question 4

Allowing sexual activity does not amount to consent in some circumstances

Crimes Act 1961, 128A

Answer 4

A person does not consent to sexual activity 1. He/she does not protest or offer physical resistance to the activity.
2. If he/she allows the activity because of
- force applied
- threats expressed or implied
- fear of the application of force
3. Occurring while he/she is asleep or unconscious
4. Affected by drugs or alcohol
5. Affected by intellectual, mental and physical condition or impairment
6. If he/she is mistaken about who the other person is
7. Mistaken about the nature and quality of the act
8. Does not limit the circumstances

Question 5

To be guilty of an attempt to commit an offence a person must:

Answer 5

• Intend to commit the offence, and
• take a real and substantial step towards achieving that aim.

Question 6

It must be proved that at the time the defendant assaulted the complainant he:

(Mens Rea Element)

Answer 6

• intended to have sexual connection with the complainant, and
• the complainant did not consent to the sexual connection, and
• the defendant did not believe on reasonable grounds that the complainant was consenting

Question 7

Indecent Act
Crimes Act 1961, s132(3)
Deals with all forms of sexual activity with a child other than those that involve sexual connection.

Answer 7

If such an act is done with the consent of a child, it is immaterial whether:
- the offender does the act on the child
- the child does the act on the offender
- the act is mutual

Question 8

Defence to charge under section 134.
The defendant proves at the time of the sexual activity:

Answer 8

• they had taken reasonable steps to ascertain that the young person was at least 16
• they believed on reasonable grounds that the young person was at least 16
• the young person consented

Question 9

Indecent assault cases prosecution must prove that:

Answer 9

• the defendant intentionally assaulted the complainant
• the circumstances accompanying the assault were indecent
• the defendant intended the conduct that a reasonable person would find indecent

Question 10

Consent regarding child vs young person for sexual conduct

Answer 10

A child under 12 years cannot consent, but a young person aged between 12 and 16 can consent to sexual activity, provided the defendant also meets the persuasive onus on them.