Sexual violation by unlawful sexual connection Section 128(1)(b) CA 1961 Flashcards
(5 cards)
What is the full Liability for Sexual violation by Unlawful sexual connection?
Say section and Elements
Sexual violation by unlawful sexual Connection.
(AHA! Sexual Violation by Unlawful Alien)
Section 128(1)(b) CA 1961
- A person
- Has Unlawful sexual connection with
- Another person
A person
Person
JN CE – Gender neutral
RTS
Explain the full element of Unlawful Sexual Connection with
Unlawful sexual connection (s128 CA 1961)
- Introduction into genitalia or anus by part of another’s body, object or mouth. Excl legit medical exams etc. (s2 CA1961)
- No consent
- No belief, on reasonable grounds, there was consent given
Penetration (s2 CA 1961)
Affected by the slightest degree. (Proof by victim statement, admissions, medical exam)
Genitalia (s2 CA 1961)
Koroheke – Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina.
Consent
Cox – Full, voluntary, free and informed. Freely and voluntary given by a person to form rational judgement.
Koroheke – Consent freely given, rather than submission to something unwanted or avoidable.
Gutuama – No reasonable person would think there was consent.
Crown must prove; (Mislead Minds, Really Tired Adults Arent Informed)
- Mistake ID
- Mistake to nature and quality of act
- Resisting or protest
- Threat, fear, force
- Asleep, unconscious
- Affected by alcohol/drugs
- Intellectual mental/physical impairment
- Complainant did not consent
- Offender didn’t believe they consented
- If he believes she did consent, grounds for belief were unreasonable
No consent if;
RTS
Explain the meaning of Unlawful sexual connection?
Unlawful sexual connection (s128 CA 1961)
- Introduction into genitalia or anus by part of another’s body, object or mouth. Excl legit medical exams etc. (s2 CA1961)
- No consent
- No belief, on reasonable grounds, there was consent given
Another person
Another person
JN CE - Refer to Victim in Liability
