Sexual Offences

Question 1

Sexual Violation By Rape

Answer 1

Section 128(1)(a) Crimes Act 1961
- a person
- rapes
- another person

Question 2

Sexual Violation by Unlawful Sexual Connection

Answer 2

SectionSection 128(1)(b) Crimes Act 1961
- a person
- has unlawful sexual connection
- with another person

Question 3

Assault with Intent to Commit Sexual Violation

Answer 3

SectionSection 129(2) Crimes Act 1961
- a person
- assaults
- another person
- with intent to commit sexual violation of another person

Question 4

Sexual Conduct with a Child Under 12

Answer 4

SectionSection 132, Crimes Act 1961
- a person
1. Has sexual connection with a child
2. Attempts to have sexual connection with a child
3. Does and indecent act on a child

Question 5

Sexual Conduct with a Young Person Under 16

Answer 5

Section 134, Crimes Act 1961
- a person
1. Has sexual connection with a young person
2. Attempts to have sexual connection with a young person
3. Does and indecent act on a young person

Question 6

Indecent Assault

Answer 6

SectionSection 135, Crimes Act 1961
- a person
- indecently assaults
- another person

Question 7

R v KOROHEKE

Answer 7

The genitalia comprise of reproduction organs, interior and exterior… they include the vulva, the labia, both interior and exterior, at the opening of the vagina

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. Eg: submission by a woman because she is frightened of what might happen if she does not consent or cooperate is not true consent.

Question 8

R v CROOK

Answer 8

To be effective, consent must be “real, genuine or true consent, and that it may be conveyed by words or conduct or both”

Question 9

R v COX

Answer 9

Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement

Question 10

R v GUTUAMA

Answer 10

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”

Question 11

CRUMP v R

Answer 11

A sexual violation by rape case, where there is evidence that consent has been withdrawn, there’s will be six elements that may need to be proven;

1. Are you sure that defendant penetrated victim?
2. Are you sure that victim did not consent?
3. Are you sure that defendant knew that victim was not consenting to penetration? (Subjective)
4. Are you sure that defendant continued with penetration knowing that victim was no longer consenting? (Subjective)
5. Are you sure that defendant did not believe in reasonable grounds that victim was consenting to the penetration?
6. Are you sure that defendant continued penetration when a reasonable person would not believe that victim was still consenting? (Objective)

Question 12

R v COURT

Answer 12

Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

Question 13

R v DUNN

Answer 13

Indecency must be judged in light of the time, place, and circumstances. It must be something more than trifling, and must be sufficient to “warrant the sanction of the law”

Question 14

R v LEESON

Answer 14

The definition of ‘indecent assault’ is… an assault accompanied with circumstances of indecency.