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CRIMINAL LAW

Sexual Violation

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This is a horrible little topic but we have include it for two reasons :

Firstly,  not many people realise that the maximum penalty for sexual violation is 20 years imprisonment and that the average sentence is around the 8 year mark.

Secondly,  the definitions of sexual violation are now far, far wider than the old fairly simple to understand  'man on woman'  definitions of Rape.

We have included this topic in our Index only because of more modern definitions relating to sexual violation and rape.

Prior to an amendment to the Crimes Act 1961 10 years ago, sexual offences generally involved Indecent Assault (up to 7 years imprisonment) and Rape (up to 14 years imprisonment).

Rape involved the slightest entry of the women’s vagina by a man’s penis without her consent. It was therefore a very specific definition.

Following a number of disgusting acts by gangs involving all forms of indecencies and violations of women it was decided to increase the maximum penalty for rape from 14 years to 20 years and to bring in a new offence called Sexual Violation.

This sections effectively replaces the crime of rape and introduces entirely new concepts of sexual violation. Sexual violation includes rape by a male with a female but sexual violation also includes other instances of unlawful sexual connection.

These acts may include either non consensual penetration of a female genitalia or the anus of any person by body part or an object, or oral or genital contact.

What the section was designed to do was to include the violation of a woman’s genitalia or anus by bottles or sticks or other instruments as well as the penis and also involved forced oral sex.

It is unpleasant to detail the factors involved and we merely do so so that those who believe they have been sexually violated or those who think they will be charged with sexual violation, know precisely where they stand.

You may access the precise definition of sexual violation and sexual connection by going to the Crimes Act 1961.  We provide you with a direct link below to the relevant sections.  Just click on to each and every one of them and study them at your own pace.

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Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Great to find all this information at my fingertips.
I think that Home Detention is a bit of a sop. Either you go to prison or you do not! I think it is almost like getting off! Mike H - Wellington"

Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
Feedback/Blogs/Reviews from related topic: Aiding and Abetting - Parties to Offences
"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)

Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."

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