Sexual Offences

Annotations:

• A commits rape if he  a) intentionally penetrates the anus/vagina/mouth of another with his penis b) the victim does not consent to the penetration c) A does not reasonably believe that B consents
• Penetration is a continuing act SOA Section 79(2) R v Kaitamaki - believed she was consenting at time of original penetration, held that it was a continuing act so when he realised she was not it became rape

1. Was there consent? Section 74 - must have freedom, capacity and agreement by choice