Sexual Violation by Rape Section 128(1)(a) 20 Years
A person Rapes Another Person
Sexual Violation by Unlawful Sexual Connection Section 128(1)(b) 20 Years
A person Has unlawful sexual connection With another person
Assault with Intent to Commit Sexual Violation Section 129(2) 10 Years
A Person Assaults another Person With Intent to commit sexual violation Of the other person
Sexual conduct with a dependant family member Section 131(1) 7 Years
A person Has sexual connection With a Dependant Family Member under the age of 18.
Sexual Conduct with a Child Section 132(1) 14 Years
A person Has sexual connection With a child
Indecent Act on a Child Section 132(3) 10 Years
Any person Does an indecent act On a child
Sexual Conduct with a Young Person Section 134(1) 10 Yeara
A person Has sexual connection With a young person
Indecent Act on a Young Person Section 134(3) 7 Years
Any person Does an indecent Act On a young person
Indecent Assault Section 135 7 Years
Any Person Indecently Assaults Another Person
Section 128(2) Rape is when...
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 that Person B consents to the connection
Penetration means.. Proof of Penetration may be provided by:
Introduction to the slightest degree is enough to effect a connection. - the complainants evidence - medical examination - accused’s admissions
How is consent proved? R v COX..
Consent is a persons conscious and voluntary agreement to something desired or proposed by another. ...consent must be ‘full, voluntary, free and informed... freely and voluntarily given by a person in a position to form rational judgement’.
Matters that do not constitute consent are:
1. Not Protesting or offering physical resistance to use force 2. Application of force/ threats of force to self or other or fear of force 3. Asleep or unconscious 4. So affected by drugs/alcohol they cannot consent 5. So affected by mental or physical impairment they cannot consent 6. Mistaken I.D 7. Mistaken as to nature and quality of the act
How do you establish reasonable grounds? R V GUTUAMA
Subjective test 1 - Absence of consent Subjective test 2 - Belief in Consent Objective Test 3 - Reasonable grounds for belief in consent ... crown must prove that no reasonable person in the accused‘a shoes could have thought the complainant was consenting .
A child is a....
A young person is a....
person under 12
person under 16
How do you prove age?
R v FORREST and FORREST...
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim's age.
In practice it generally involves producing the victim's birth certificate in conjunction with independant evidence that identifies the victim as the person named in the certificate.
Dependant Family Member
One person is a dependant family member of another person;
(a) if the other person has power or authority over him or her and is
(i) his or her parent, step-parent, foster parent, gaurdian, uncle, or aunt
(ii) a parent, step-parent or foster person or person described in subparagraph (i) or
(iii) a child of his or her parent or step-parent or
(iv) the spouse or de facto partner or a person described in subparagraphs (i) (ii) or (iii)
Dependant Family Member
If they are family members of the same family, whanau or other cultrually recognised family group and the other person -
(i) is not a person referred to in paragraph (a) but
(ii) has a responsibility for or significant role in his or her care or upbringing
Dependant Family Member
If he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a) but has
(i) power or authority over him or her and
(ii) has responsibility for, or significant role in his or her care or upbrining.
Genitalia is referred to as...
R v KOROHEKE
A surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is a male, female or indeterminate sex)
The genitalia comprise the reproductive organs, interior and exterior... they include the vulva and the labia, both interior and exterior at the opening of the vagina.
Unlawful sexual connection
Section 128 (3) Crimes Act 1961
Person A has unlawful sexual connection with Person B if person A has sexual connection with Person B if -
(a) Without person B's consent to the connect AND
(b) Without believing on reasonable grounds that Person B consents to the connection.
Sexual Connection is...
(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of:
(i) a part of the body of another person or
(ii) 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
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
The act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to ther person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning.
Sec.2 Crimes Act 1961
Intent to commit sexual violation:
Sexual Violation means....
To do it, they desire a specific result and act with the aim or purpose of achieving it.
R V MOHAN
R V WAAKA
The act of a person who...
(a) rapes another person or
(b) has unlawful sexual connection with another person.
Indecent Act is..
R v COURT - Indecency means...
R V LEESON - Indecent Assault
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.
The definition of indecent assault.... is an assault accompanied with circumstances of indecency.
Doing an indecent act on a child includes indecently assault the child. Sec 132(6)(b)