What is the act and section of Sexual Violation by rape?
Section 128(1)(a) Crimes Act 1961
What is the act and section of Sexual Violation by unlawful sexual connection?
Section 128(1)(b)
What is the charge wording for Sexual Violation by Rape?
Section 128(1)(a) Crimes Act 1961
Any person
Rapes
Any person
What is the charge wording for Sexual Violation by unlawful sexual connection?
Section 128(1)(b)
Any person
Has unlawful sexual connection
With any person
How is rape defined?
Section 128(2) Crimes Act 1961
- Penitration of genitalia by a penis.
- without consent to the connection and
- without believing on reasonable grounds that there was consent.
How is penetration defined?
Section 2(1)(a) crimes act 1961 - The introduction to the slightest degree is enough to effect a connection.
How is genitalia defined?
Section 2 Crimes Act 1961 - genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring genitalia.
Define consent
R v Cox - consent must be free, full, voluntary and informed. It can not be obtained by fraud or duress
What does R v Koroheke establish?
Genitalia is the reproductive organs both internal and external, it includes the labia and vulva internal and external.
What does not constitute consent under section 128A of the Crimes Act 1961?
- A lack of protest or physical resistance.
- Force or threats are used to coerce sex.
- The victim is asleep or unconscious.
- The victim is intoxicated.
- The victim suffers mental, intellectual or physical disability preventing consent.
- They are most taken over the other party.
- They are mistaken about the nature or quality of the act.
How is consent established on reasonable grounds?
Step 1 - Subjective Test - absence of consent
Did the Victim Consent yes/no
Step 2 - Subjective Test - Belief
Did the offender believe there was consent yes/no
Step 3 - Objective Test - Reasonable Grounds
Objectively would a reasonable person believe there was consent under the circumstances
What does R v GUTUAMA establish?
Under the objective test the Crown must prove no reasonable person would perceive consent in the circumstances.
What is sexual connection?
Section 128(1)(b)
- Penetration of a person’s genitalia or anus by another person’s body.
- Penetration of a person’s genitalia or anus by an item used or manipulated by another person.
- Touching of genitalia or anus by a person’s mouth or tongue
What are the timeframes of sexual assault disclosure?
Less than 7 days - acute
7 days to 6 months - non-acute
6 months or more - historic
What does R v Cook establish?
To be effective, consent must be ‘real, genuine or true” it may be given through speech or conduct.
What is the act and section for assault with intent to commit sexual violation?
Section 129 crimes act 1961
What is the charge wording for assault with intent to commit sexual violation
Section 129 crimes act 1961
- any person
- assaults
- any person
- with intent to commit sexual violation on them.
What is the act and section for sexual conduct with a child under 12?
Section 132 crimes act 1961
What is the charge wording for sexual conduct with a child under 12
Section 132 Crimes Act 1961
Any person
Has sexual connection with OR attempts sexual connection with OR performs an indecent act upon
Any child under 12
What does R v Court establish?
Indecent means “right thinking people would consider the conduct to be an affront to the victim’s sexual modesty”
What does R v Dunn establish?
Indecency is judged by the light of time, place and circumstances.
What is the act and section for sexual conduct with a young person under 16?
Section 134 Crimes Act 1961
What is the charge wording for sexual conduct with a young person under 16?
Any person
Has sexual connection or attempted sexual connection or performs an indecent act upon
Any person under 16 years of age.
What are statutory defences to section 134 (sexual conduct with a young person)?
Section 134A Crimes Act 1961
It is a defence if the Defendant proves:
- Before the time of the act they had taken reasonable steps to find out whether the young person was older than 16 AND
- At the time they believed on reasonable grounds the person was over 16 AND
- The young person consented.
