Sexual Assault Flashcards
Define genitalia
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Define indecent assault
R v Leeson
The definition of indecent assault is an assault accompanied with circumstances of indecency
Define sexual connection
(d) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of a part of the body of another person or an object held or manipulated by another person or,
(e) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
(f) a continuation of paragraph (d) or (e)
Section 134A(1) defence to charge of under 16
Before the time of the act concerned, he or she took reasonable steps to establish the young person was of or over 16 years, and at the time of the act concerned, he or she believed on reasonable grounds that the young person was aged 16 years or over, and the young person consented
Define consent
R v Cox
R v Cook
Consent must be full, voluntary, free and informed. It must be given freely and voluntarily given by a person in a position to form a rational judgement
Consent must be real, genuine or true consent and that it may be conveyed by words or conduct or both
3 step reasonableness test for consent
Subjective: What was the complainant thinking at the time, was she consenting
Subjective: If she wasn’t consenting, did he believe she was consenting, what the offender believed at the time
Objective: What a reasonable person would believe if placed in the same position as the defendant
Age verification
R v Forrest and Forrest
In practice proving age generally involves producing the complainant’s birth certificate in conjunction with independent evidence that identifies the complainant as the person named in the certificate.
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age
Genitalia as defined by R v Koroheke
The genitalia comprise of the reproductive organs, interior and exterior, the include the vulva and the labia, both interior and exterior, at the opening of the vagina
Intent as defined by R v Harpur
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. Considering how much remains to be done is always relevant though not determinative
Define penis
Includes a surgically constructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex)
Proving intent
The offenders actions and words before, during and after the event
The surrounding circumstances
The nature of the act itself
Proving penetration
The complainants evidence
Medical examination including physical injuries and DNA evidence
The defendants admissions
Define rape
Has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis without person B’s consent to the connection and without believing on reasonable grounds that person B consents to that connection
Consent as defined by R v Gutuama
Under the objective test the Crown must prove that no reasonable person in the accused’s shoes could have thought that the complainant was consenting
Indecency as defined by R v Court
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant
