Sexual Offences Flashcards
(17 cards)
What is the main difference between rape and unlawful sexual connection?
- Rape has to involve penetration of the penis to the vagina. Penetration only has to be momentarily or slight.
- Sexual connection involves any other part of the body, fingers or tongue being used. Or any hand held object. Requires only contact, e.g. kissing the vagina or penis. Includes pushing or inserting fingers into the genitalia area through clothing.
Explain the definition of sexual connection;
a. Connection effected by the introduction into the genitalia or anus of one person, (other than for genuine medical purposes)
- A part of the body of another person. E.g. fingers.
- an object held or manipulated by another person or
b. Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
The continuation of connection described in paragraphs a & b. E.g being told to stop and ignoring it.
Proof of penetration maybe established by;
Hint: Three requirements
- the complainant’s evidence
- medical examination, includes physical injuries and DNA.
- the defendant‘s admissions
Define genitalia
Hint: for both genders
The genitalia or genitals include the penis & testicles of a male and the vagina and vulva of a female.
Includes a surgically constructed or reconstructed organ.
Explain CA61 s127 No presumption of age
There is no presumption of law that a person is incapable of having sexual connection because of their age.
Explain both the subjective & objective test.
The subjective test being what was the complainant thinking at the time?
The objective test being what would a reasonable person have believed if placed in the same position as the defendant?
Examples that does not amount to consent.
- a lack of protest or offer physical resistance
- because force has been applied or the threat of the application of force
- is asleep or unconscious
- is affected by alcohol or drugs
- is intellectually, mentally or physically impaired.
- mistaken identity (dark room etc)
- does not consent to the nature of quality of act. Consenting to vaginal intercourse but attempts anal.
Define rape
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis -
a without person B’s consent to the connection and
b without believing on reasonable grounds the person B’s consents to the connection.
What is an example of attempting sexual violation and/or assault with intent to commit sexual violation?
Intentionally threatening any person with knife or screwdriver or offensive weapon etc.
s134 CA61 Defence to charge under s134 young person under 16.
Explain the details of the defence.
It is a defence of the person charged proves that BEFORE the time of the act;
(a) taken reasonable steps to establish whether the young person was of or over 16 years AND
(b) at that time had belief on reasonable grounds that young person was of or over 16 years.
Asking to see ID to prove age/dob regardless if the information is fake. E.g. a quality forged driver license etc.
Define R v Leeson
Hint: Indecent Assault
Indecent assault is an assault accompanied with circumstances of indecency.
Define R v Court
Hint: indecency
Indecency means conduct that a right thinking person will consider an affront (an action or remark causes outrage) to the sexual modesty of the complainant.
Define R v Cox
Hint: consent of a child
Save in exceptional and rare circumstances even where she indicates an agreement to the act occurring, no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.
Define v Koroheke
Hint: Vagina
The genitalia comprise the reproduction organs.
They include the vulva and the labia both interior and exterior, at the opening of the vagina.
Define R v Cox
Hint: Consent
Consent must be full, voluntary and informed. Freely and voluntarily given by a person in a position to form a rational judgement.
Define R v Gutuama
Hint: Reasonable persons consent
Under the objective test the crown must prove that no reasonable person in the accused shoes could have thought the complainant was consenting.
Define: R v Forrest and Forrest
Hint: Proof of age
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
