LAW109 Lecture Notes - Lecture 7: Actus Reus, Mens Rea, Crimes Act 1900
8 May 2018
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Course
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LAW109 Lecture
Week 7 [Sexual Assault]
Crimes Act 1900 (NSW): Division 10
- 61H – definition of sexual intercourse
- 61HA – consent (actus reus and mens rea)
- 61I – sexual assault: the elements
Sexual Assault: The Elements (s 61I)
- Actus reus
o Voluntary sexual intercourse with another person
o Without the consent of the other person
- Mens rea
o Knows that the other person does not consent to the sexual intercourse
- Temporal coincidence
- Liable to imprisonment for 14 years imprisonment
Sexual intercourse: Definition
(1) For the purposes of this Division, sexual intercourse means:
a. sexual connection occasioned by the penetration to any extent of the
genitalia
i. any part of the body of another person, or any object manipulated by
another person,
ii. except where the penetration is carried out for proper medical
purposes, or
b. sexual connection occasioned by the introduction of any part of the penis of
a person into the mouth of another person, or
c. cunnilingus, or
d. the continuation of sexual intercourse as defined in paragraph (a), (b) or (c)
Actus reus – without consent
- Definition of consent: a person consents to seual intercourse if the person freel
and voluntaril agrees to seual intercourse s 6HA
- Negation of consent (s 61HA(4))
o If the person does not have the capacity to consent to the sexual intercourse
o The person is unconscious or asleep, or
o The person consents because of threats of force or terror (whether instilled
in, that or any other person), or
o If the person consents because the person is unlawfully detained
- Consent is negated where the person consents (s 61HA(5)(b))
o Under a mistaken belief as to the identity of the other person, or
o Under a mistaken belief that the other person is married to the person, or
o Under a mistaken belief that the sexual intercourse is for medical or hygiene
purposes (or under any other mistaken belief about the nature of the act
induced by fraudulent means)
- Consent may also be negated where (s 61HA(6))
o Victim has sexual intercourse while substantially intoxicated
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
61ha consent (actus reus and mens rea) Actus reus: voluntary sexual intercourse with another person, without the consent of the other person. Mens rea: knows that the other person does not consent to the sexual intercourse. Definition of consent: (cid:858)a person consents to se(cid:454)ual intercourse if the person freel(cid:455) and voluntaril(cid:455) agrees to se(cid:454)ual intercourse(cid:859) (cid:894)s 6(cid:1005)ha(cid:894)(cid:1006)(cid:895)(cid:895) If the person consents because the person is unlawfully detained. A person who does not offer actual physical resistance to sexual intercourse is not, by reason only of that fact, to be regarded as consenting to the sexual intercourse (s. In nsw, sexual intercourse with someone under the age of 16 is a criminal offence (s. A defendant can rely on the defence of honest and reasonable mistake of fact concerning the age of a victim for children aged between 14-16 (ctm v the queen.
