Sexual violation by unlawful sexual connection (Section 128 Crimes Act 1961)

Charge 1: Sexual violation by unlawful sexual connection under section 128 of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith had sexual connection with Ms Jones [being the introduction of his finger into her genitalia]?
	The slightest degree of introduction of the finger [or another part of Mr Smith’s body] [or object] into the genitalia [or anus] will be sufficient. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Ms Jones did not consent to that act?
	"Consent" means consent freely given by a person who is in a position to make a rational decision. Lack of protest or physical resistance does not, of itself, amount to consent. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that either: a. at the time Mr Smith introduced his finger into the genitalia of Ms Jones, Mr Smith did not believe that Ms Jones was consenting? OR b. at the time Mr Smith introduced his finger into the genitalia of Ms Jones, there were not reasonable grounds for Mr Smith to believe that Ms Jones was consenting?
	Note: All 12 of you do not need to agree on which of (a) or (b) above is applicalbe, as long as all 12 of you are sure that either (a) or (b) applies. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.