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Flashcards in SEXUAL OFFENCES Deck (10):
1

What do the definition of sexual violation

Non-consensual SEXUAL CONNECTION with another person

- sexual violation by rape

- sexual violation by UNLAWFUL SEXUAL CONNECTION

2

What must be proved in all cases of sexual violation beyond reasonable doubt

There was an intentional act by the offender involving SEXUAL connection with the complainant and

THE complainant did not consent to the SEXUAL act and

THE OFFENDER did not believe that the complainant was consenting or

If he did believe the complainant was consenting , the grounds for such a belief were not reasonable

3

What is the definition of genitalia

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned if male, female, or of an indeterminate sex).

4

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

Case law

R v Koroheke

5

What is the definition of a penis

Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis ( whether the person concerned is male, female, or of an indeterminate sex).

6

What is the definition of consent

Consent is a person's CONSCIOUS and voluntary agreement to something desired or proposed by another

Can be conveyed by words and/or conduct

7

Consent must be full, voluntary, FREE and informed, FREELY AND VOLUNTARILY GIVEN BY A PERSON IN A POSITION TO FORM A RATIONAL judgment

Case law

R v Cox

8

Under the objective test the crown must prove that " no reasonable person in the accused shoes could have thought that the complainant was consenting"

Case law

R v Gutuama

9

It is important to distinguish between consent that is FREELY given and submission by a women to what she may regard as unwanted and unavoidable. For example, submission by a women because she is frightened of what happen is she does not give in or cooperate, is not true consent

Case law

R v Koroheke

10

The court may have regard to conduct viewed cumulatively up to the pool t when 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

Case law

R v Harpur