Sexual Offence Elements Flashcards
What is the Section and Act of Sexual violation by rape? and What are the elements?
Section 128(1)(a)
A person
Rapes
Another person
What is the Section and Act of Sexual Violation by Unlawful Sexual Connection and what are the elements?
Section 128(1)(b)
A person
Has unlawful sexual connection
With another person
What are the elements of Sexual Conduct with a young person under 16?
A person
1) has sexual connection with a young person 10 years
2)Attempts to have sexual connection with a young person 10 years
3)Does an indecent act on a young person 7 years
Define Rape
Rape is affected by a male penetrating the genitalia of a female with their penis, without their consent or belief they were consenting
Define Genitalia
R v Koroheke
States Genitalia comprise of the reproductive organs, interior and exterior, including Vagina, Vulva, Labia
Define consent
A person’s conscious and voluntary agreement to something desired or proposed by another
What does R v Cox state:
Consent must be full, voluntary free and informed, freely and voluntarily given.
What is the subjective test relating to consent?
Whether or not the complainant was consenting is a subjective test from the complainants point of view (example- what was the complainant thinking at the time?)
What is the objective test in relation to consent?
What would a reasonable person have believed in the same position as the defendant.
What is R v Gutuama? Relates to Objective test
Under the objective test the crown must prove that “no reasonable person in the accused shoes could have thought that [the complainant] was consenting.
Allowing sexual activity does not amount to consent in some circumstances- list examples:
-Force, threat or fear
-Asleep or unconscious
-Affected by alcohol or drugs
-intellectual, mental impairment
-Mistake as to identity
-Mistake as to nature and quality of act
Define Penetration
Introduction to the slightest degree is enough to effect a connection
Proving penetration is established by:
The complainants evidence
Medical examination
The defendants admissions
Three forms of non-consensual Sexual Connection include:
Penetration of a person’s Genitalia or anus by a part of another person’s body (such as a finger in the vagina, or a penis in the anus)
Penetration of a person’s Genitalia or anus by an object held or manipulated by another person (such as a vibratory or deodorant bottle)
Touching of a person’s Genitalia or anus by another person’s mouth or tongue (oral sex)
To be guilty of an attempt to commit a sexual violation offence a person must:
-Intend to commit the offence
-take a real and substantial step towards achieving that aim
Under S.129 of the Crimes act 1961 what are two distinct offences created?
1) Attempted sexual violation
2)Assault with Intent to commit sexual violation
