Sexual Offences Flashcards
(30 cards)
Full Ing and Definitions: Indecent act on a child
Sexual conduct with a child (indecent act) s.132(3) 10 yrs
A PERSON: GN P by JN or C.
DOES AN INDECENT ACT:
Indecent act:
an act that is indecent has a sexual connotation and involves conduct directed at a person that is offensive to public moral values.
R v COURT
Indecency means conduct a right thinking person would consider an affront to the sexual modesty of the complainant.
When a person does an indecent act on a child it is irrelvant whether:
1) the person does the act on the child
2) the child does the act on the offender
3) the acts are mutual.
S.128(6)(b): an indecent act on a child includes indecently assaulting a child.
ON A CHILD:
Child means any person under 12 years of age.
R v FORREST and FORREST
The best evidence possible in the circumstances should be adduced by th pros. in proving the victims age.
In practise this generally means producing the victim bith certificate in conjunction w independant evidence that identifies the person named in the certificate.
Ing: sexual conduct (indecent act) with a young person.
S.134(3) 7 yrs
A person
Does an indecent act
With a young person
Ing: indecent assault
S.135
7 years
A Person
Indecently assaults
Another person.
Ing: sexual conduct (indecent act) with a child
S.132(3)
10yrs
A person
Does an indecent act
On a child
R V KOROHEKE
The genitalia comprises the reproductive organs interior and exterior. they include the vulva and labia both interior and exterior at the opening of the vagina.
R V COX
Consent must be full, voluntary, free and informed, free and voluntarily given by a person in a position to form a rational judgment.
R V GUTUAMA
Under the objective test the crown must prove that “no reasonable person in the accuseds shoes could have thought that the complainant was consenting.
R V HARPUR
the court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops. The Defendants conduct may be viewed in its entirety, considering how much more is to be done is always relevant although not determinative.
R V FORREST and FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R V COURT
Indecency means conduct that right thinking people would consider an affront to the sexual modesty of the complainant.
R V LEESON
The definition of indecent assault is an assault accompanied by circumstances of indecency.
Ing and Definition: Rape s128(1)(a) 20y
RAPE s128(2) Person A rapes Person B if Person A has sexual connection with Person B effected by the penetration of Person B’s genitalia with Person A’s penis. (a) w/out PB’s consent to the connection OR (b) w/out believing on reasonable grounds PB consented to the connection.
Definition: Penetration
PENETRATION s2(1A)
Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection.
Proof of penetration is required and may be provided by: * Complainants evidence * medical examination (DNA,injuries) *Offenders admissions
Definition: Genitalia and Penis
Genitalia includes any surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (wether the person concerned is male/female or indeterminate sex) Penis includes any surgically constructed or reconstructed organ analogous to a naturally occurring penis (Whether the person concerned is male/female/indeterminate sex)
R V KOROHEKE The genitalia comprise he reproductive organs interior and exterior and include the Vulva and Labia interior and exterior at the opening of the vagina.
Definition: Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by the other.
R V COX Consent must be full, voluntary, free and informed, free and voluntary given by someone in a position to form a rational judgment.
Matters that do not constitute consent
128A
1) not protesting or offering physical resistance to use of force or application of force to self or another, threats of force to self or another or fear of force to self or another. 2) asleep of unconscious. 3) so affected by drugs/alcohol they cant consent. 4) so affected by mental/physical impairment they cant consent. 5) mistaken ID 6) mistake as to the nature and quality of the act.
Reasonable grounds (consent)
The establishing of reasonable grounds is a three step process.
Subjective test step 1: Absence of Consent what was the complainant thinking at the time, was she consenting.
Subjective test step 2: Belief in consent If she was not consenting did the defendant believe the complainant was consenting? ie;what was the offender thinking at the time? Objective test step 3 Reasonable grounds for belief in consent. If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. ie; would a reasonable person believe if placed in the defendants position.
R V GUTUAMA Under the objective test the crown must prove that no reasonable person in the defendants shoes would have thought the complainant was consenting.
Definition Sexual Violation
S.128 (1)
Sexual Violation is the act of a person who:
(a) rapes another person
(b) has unlawful sexual connection with another person
Definition: Rape
s128(2)
Person A rapes person B if PA has sexual connection with PB effected by the introduction to the genitalia of PB by PA’s Penis
(a) w/out PA’s consent
(b) w/out beleiving on RG that PB consents
Definition: Unlawfull Sexual Connection
S.128(3)
Person A has Unlawful Sexual Connection with Person B if PA has sexual connection with PB
(a) w/out PB’s consent (b) w/out believing on RG that PB consents
Definition: Sexual Connection
s2 CA61
(a) connection effected by introduction into the Genitalia or Anus of one person other than for medical purposes, of (1) a part of the body of another person (2) a part of any object held or manipulated by another person (b) connection between the mouth and tongue of one person and a part of another persons genitalia or anus. (c) The continuation of a connection described in (a) or (b)
definition ingredient: Child
s.132(6)(a)
Child means a person under the age of 12.
R V FORREST &; FORREST
the best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
In practise this generally involves producing the birth certificate of the victim in conjunction with independent evidence that identifies the victim as the person named in the birth certificate.
Full ingredients and definition: Sexual Connection with a child
Sexual Connection with a child
s 132 (1) 14 years
A PERSON:
gender neutral provn by judicial notice or circumstantially
HAS SEXUAL CONNECTION
Sexual Connection s.2 CA61 (a) Connection is effected by the introduction into the genitalia of one person by other than for medical purposes of: (1) any part of the body of a/n prsn (2) any part of any objct held or manipulated by a/n prsn (b) connection btween the mouth and tongue of one person & any part of the G. or A. or a/n prsn. (c) any continuance of the acts described in (a) or (b)
PENETRATION introduction and penetration mean the same. Introduction to the slightest degree is sufficient to effect connection. Penetration may be proved by: *complainants evidence * medical evidence *defendants admissions
Genetalia (s.2 CA61) includes any surgically constructed or reconstructed organs analogous to natural genitalia of any prsn (whether M/F/IS)
R v KOROHEKE Genetalia comprises the reproductive orgns int and ext and includes the Vulva and Labia at the opening of the vagina.
CHILD means any person under 12. s.132(6)(a)
Rv FORREST & FORREST the best evidence possible in the circum. shld be adduced by the prosecution in proving the victims age. In practice this generally means producing the victims birth cert. in conjunction w. independent evidence identifying the prsn named in the cert. as the victim.
Full ing and definition: Sexual Violation by U/L Sexual Connection
Sexual Violation by U/L Sexual Connection
s.128(1)(b) 20 years
A PERSON G.N. priven by J.N. or circum.
Has U/L SEXUAL CONNECTION Unlawful sexual connection: s.129(2) (1) PA has U/L Sex Connex. with PB is PA has sex connex w PB (a) w/o PB cosent (b) w/o Beleiving on RG’s PB consents Sexual Connection s.2 (a) Connection effected by the introduction into the G. or A. of one prsn other then 4 medical purposes of: (i) any part of th body or a/n prsn (ii) any part of any object held or manipulated by a/n prsn (b) connect. btwn th mouth or tongue of one prsn and theG. or A. of anthr. (c) any continuance of the acts described in (a) or (b).
Penetration: Introduction has the same meaning as penetration. Introduction even to the slightest degree is enough to effect connection. Genitalia includes any surgically constructed or reconstructed organ analogous to a natural genitalia of a person wthr M/F/IS.
R v KOROHEKE Genitalia comprises the reproductive organs both int and ext and includes th vuvla and labia int an ext at the opening of the vagina.
CONSENT: Consent is a person concious and voluntary aggreement to something desired or proposed by another.
R v COX consent is a persons full voluntary free and informed decision, freely and voluntarily given by a person in a position to form rational judgment.
MATTERS that DO NOT CONSTITUTE CONSENT s.128A CA61:
1) not protesting or offering physical resistance to the use of force, application of force to self or a/n, threats of force to self or a/n, fear of force to self or a/n. 2) assleep or unconscious 3) so affected by drugs or alcohol they they cannot consent. 4) so affected by mental/physical impairment they cannot consent. 5) mistaken identity 6) mistaken to the nature and quality of the act. Reasonable Grounds: the establishment of RG’s is a 3 step process.
Sub Test step 1: Absence of consent: what was the complainant thinking at the time, ie was she consenting.
Sub test step 2: belief in consent if she was not consenting did the offender believe she was consenting, ie what was the offender believing at the time.
Objctve test step 3: RG’s for belief in consent: if the offender believed the complainant was consenting was that reasonable in the circumstances, ie what would a reasonable person have believed if placed in the same position as the defendant.
R v GUTUMANA under the objective test the crown must prove: “no reasonable person in the defendants shoes would have thought the complainant was consenting.
With A/N PERSON G.N. P by J.N. or circum.
