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Sexual assault - Coggle Diagram
Sexual assault
- Must be one of immediate violence.
- Must be one of personal violence against.
- Subjectively believe that they are going to be sexually assaulted.
- Fear need not be reasonable.
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- Element of sexual violation
Act: sexual assault is the name given by the offence; sexual violation is the description of the act rendered.
Sexual violation is the direct or indirect touching of genital organs, anus or in the case of females, their breasts and an animal, a persons body and any object or where an object resembles a gential organ, animal or anus.
The mouth of a person and an object resembling the genitals of a human or animal inserted into that that persons mouth.
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- X unlawfully and intentionally sexually violates the complainant (Y) without their consent; Or
- If X inspires the belief in Y that they are going to be sexually violated, X would be guilty of an offence of sexual assault.
- Some species of common law crime of assaut.
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- Can be justified - out of necessity - under duress.
- A third party threatens to kill X f he does not commit a crime on Y.
- Requirement for the consent is that X must know that Y did not consent to the violation.