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24 Cards in this Set
- Front
- Back
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What must be proved in all sexual assaults violation offense? |
- 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 the complainant was consenting OR - if he did believe she was consenting, the grounds for such a belief were not reasonable |
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Sexual violation act and section |
Section 128 CA61 |
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Sexual connection definition |
Introduction into the genetalia or any of one person, other than for genuine medical reasons of:- a part of the body of another person- an object held or manipulated by another personORA connection between the mouth or tongue of one person and a part of another person's genetalia or anus |
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How to prove penetration |
- complaints evidence - medical examination - defendants admissions |
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What is genetails in R v Koroheke? |
The genetalia compromise the reproductive organs, interior and exterior... They include the vulva, labia, both interior and exterior, at the opening of the vagina |
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Definition of genetalia |
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What does R v Cox stipulate? |
Consent must be full, voluntary, free and informed... Freely and voluntarily given by a person in a position to form a rational judgement |
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Definition of penis |
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What are the three tests for consent? |
- subjective test - absent of consent. What was the complaint thinking? - subjective test- belief in consent. What was the defendant thinking st the time? - objective test - reasonable grounds for belief in consent. What would a reasonable person believe if in the same situation? |
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What does R v Gutuama stipulate? |
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When does allowing sexual activity not amount to consent? |
- just because no protest or resistance is made - force, threat, or fear of force - asleep or unconscious - so affected by drugs or alcohol that can't consent - affected by intellectual, mental or physical condition/impairment that can't consent - being mistaken about who the other person is - mistaken about the acts nature and quality |
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Definition of a person |
Accepted by judicial notice or circumstantial evidence |
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Elements of rape |
Rapes Another person |
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Elements of sexual violation by unlawful sexual connection 128(1)(b) |
A person Has unlawful sexual connection With another person |
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Act and section of attempted sexual violation and assault with intent to commit sexual violation |
Section 129 CA61 |
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To be guilty of attempts to commit sexual violation a person must |
- intend to commit the offence - take a real and substantial step towards achieving the aim |
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Act and section of sexual conduct with a child under 12 |
Section 132 CA61 |
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How to prove age (R v Forrest and Forrest) |
Using the best evidence available to do so |
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R v Court descibes what is indecent |
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant |
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Act and section of sexual conduct with a young person under 16 |
Section 134 CA61 |
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What are the statutory defences for sexual conduct with a young person under 16? |
Section 134A a) Before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16, and b) At the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over 16, and c) The young person consented |
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Act and section of indecent assault |
Section 135 CA61 |
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R v Leeson defines indecent assault as |
An assault accompanied with circumstances of indecency |
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Definition of rape |
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person Bs genetalia by person As penis: - without person Bs consent, and - without believing on reasonable grounds that person B consents to the connection |
