Sexual violation

Question 1

Sexual Violation by Rape
(act, section, elements)

Answer 1

Section 128(1)(a) Crimes Act 1961
A person
Rapes
Another person

Question 2

Sexual violation by unlawful sexual connection
(Act, section and elements)

Answer 2

Section 128(1)(b) Crimes Act 1961
A person
Has unlawful sexual connection
With another person

Question 3

What must be proved?

Answer 3

1. Intentional act by the offender
2. Victim did not consent
3. The offender did not believe the victim was consenting or,
4. If he did believe, the grounds for that belief were unreasonable

Question 4

Sexual connection

Answer 4

s2 CA 1961 - Introduction into genitalia or anus by part of another person’s body, an object or mouth or tongue. Excluding legit medical exams etc.

Question 5

Penetration

Answer 5

Affected by the slightest degree. (Proof by victim statement, admissions, medical exam)

Question 6

R v Koroheke (genitalia)

Answer 6

Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina.

Question 7

Penis

Answer 7

includes surgically constructed or reconstructed organ analogous to a naturally occurring penis.

Question 8

R v Cox

Answer 8

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

Question 9

R v Gutuama

Answer 9

No reasonable person in the accused shoes could have thought that the victim was consenting.

Question 10

R v Koroheke
(consent)

Answer 10

Consent freely given, rather than submission to something unwanted or avoidable.

Question 11

Sexual violation by RAPE

Answer 11

Penetration of persons genitalia by one’s penis (including any surgically constructed penis)
Without consent AND
Without believing on RG there was consent

Question 12

Consent definition

Answer 12

A person’s conscious and voluntary agreement to something desired or proposed by another.