{"id":6040,"date":"2018-03-07T09:26:57","date_gmt":"2018-03-07T09:26:57","guid":{"rendered":""},"modified":"2021-10-28T14:05:15","modified_gmt":"2021-10-28T14:05:15","slug":"kaitamaki-v-r","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/cases\/kaitamaki-v-r.php","title":{"rendered":"Kaitamaki v R"},"content":{"rendered":"<h2>Legal Case Summary<\/h2>\n<p><strong>Kaitamaki v The Queen [1985] AC 147<\/strong><\/p>\n<p class=\"alert alert-info mb-3 mt-4\">Whether penetration is an ongoing act for the purposes of rape under <strong>Sexual Offences Act 2003, s 1<\/strong><\/p>\n<h3 id=\"facts\">Facts<\/h3>\n<p>The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting. With regards to the second act of sexual intercourse, the defendant stated that whilst he believed that the victim was consenting at the time of penetration, he became aware that she subsequently was not consenting. The defendant did not however cease the intercourse.<\/p>\n<h3 id=\"issue\">Issue<\/h3>\n<p>The court was asked to define the term penetration for the purposes of <a href=\"https:\/\/www.lawteacher.net\/acts\/sexual-offences-act-2003.php\">Sexual Offences Act 2003<\/a><strong>.\u00a0 <\/strong>In particular, whether the term applied only to the initial penetrating act.<\/p>\n<h3 id=\"decision\">Decision \/ Outcome<\/h3>\n<p>It was held that whilst sexual intercourse occurs at the point of penetration, it was also a continuing act that ceases only at the point of withdrawal. On this basis, because the <strong>Sexual Offences Act 2003, s 1(1)(a) <\/strong>defines rape as requiring the intentional penetration of the victim\u2019s vagina, anus or mouth with the defendant\u2019s penis and <strong>s 1(1)(b) and (c) <\/strong>state that the offence will be satisfied if the victim does not consent to the penetration and the defendant does not reasonably believe that the victim consents, a defendant will be liable if they become aware during sexual intercourse that the victim no longer consents and fail to withdraw at that point. Penetration itself is ongoing throughout the act of sexual intercourse. The defendant\u2019s appeal was dismissed and his conviction for rape upheld.<\/p>\n<p>(Note: the judgment refers to the New Zealand <strong>Crimes Act 1961<\/strong> under which the definition of rape is worded slightly differently. However, the wording is sufficiently similar for the case to have application to the 2003 Act.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[86],"class_list":["post-6040","post","type-post","status-publish","format-standard","hentry","category-cases","tag-int-law"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v26.6 (Yoast SEO v26.6) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>Kaitamaki v R | LawTeacher.net<\/title>\n<meta name=\"description\" content=\"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.lawteacher.net\/cases\/kaitamaki-v-r.php\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Kaitamaki v R\" \/>\n<meta property=\"og:description\" content=\"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.lawteacher.net\/cases\/kaitamaki-v-r.php\" \/>\n<meta property=\"og:site_name\" content=\"LawTeacher.net\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LawTeacherNet\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/LawTeacherNet\" \/>\n<meta property=\"article:published_time\" content=\"-0001-11-30T00:00:00+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-large-logo.webp\" \/>\n\t<meta property=\"og:image:width\" content=\"1920\" \/>\n\t<meta property=\"og:image:height\" content=\"1080\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/webp\" \/>\n<meta name=\"author\" content=\"LawTeacher\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@LawTeacherNet\" \/>\n<meta name=\"twitter:site\" content=\"@LawTeacherNet\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"LawTeacher\" \/>\n\t<meta name=\"twitter:label2\" content=\"Estimated reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"2 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"ScholarlyArticle\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#article\",\"isPartOf\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php\"},\"author\":{\"name\":\"LawTeacher\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e\"},\"headline\":\"Kaitamaki v R\",\"datePublished\":\"-0001-11-30T00:00:00+00:00\",\"mainEntityOfPage\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php\"},\"wordCount\":321,\"publisher\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\"},\"keywords\":[\"International Law\"],\"articleSection\":[\"Case Summaries\"],\"inLanguage\":\"en-GB\"},{\"@type\":\"WebPage\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php\",\"url\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php\",\"name\":\"Kaitamaki v R | LawTeacher.net\",\"isPartOf\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#website\"},\"datePublished\":\"-0001-11-30T00:00:00+00:00\",\"description\":\"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.\",\"breadcrumb\":{\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#breadcrumb\"},\"inLanguage\":\"en-GB\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\/\/wp.lawteacher.net\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Kaitamaki v R\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\/\/wp.lawteacher.net\/#website\",\"url\":\"https:\/\/wp.lawteacher.net\/\",\"name\":\"Law Teacher\",\"description\":\"The Law Essay Professionals\",\"publisher\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\"},\"alternateName\":\"LawTeacher.net\",\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\/\/wp.lawteacher.net\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"en-GB\"},{\"@type\":\"Organization\",\"@id\":\"https:\/\/wp.lawteacher.net\/#organization\",\"name\":\"Law Teacher\",\"alternateName\":\"LawTeacher.net\",\"url\":\"https:\/\/wp.lawteacher.net\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-GB\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/\",\"url\":\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg\",\"contentUrl\":\"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg\",\"width\":250,\"height\":250,\"caption\":\"Law Teacher\"},\"image\":{\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/\"},\"sameAs\":[\"https:\/\/www.facebook.com\/LawTeacherNet\/\",\"https:\/\/x.com\/LawTeacherNet\",\"https:\/\/api.whatsapp.com\/send\/?phone=447723491966&text&type=phone_number&app_absent=0\"],\"description\":\"Law Teacher provides academic writing services for law students throughout the world.\",\"email\":\"contact@lawteacher.net\",\"telephone\":\"+44 115 966 7966\",\"numberOfEmployees\":{\"@type\":\"QuantitativeValue\",\"minValue\":\"51\",\"maxValue\":\"200\"}},{\"@type\":\"Person\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e\",\"name\":\"LawTeacher\",\"image\":{\"@type\":\"ImageObject\",\"inLanguage\":\"en-GB\",\"@id\":\"https:\/\/wp.lawteacher.net\/#\/schema\/person\/image\/\",\"url\":\"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g\",\"contentUrl\":\"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g\",\"caption\":\"LawTeacher\"},\"description\":\"LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas. Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one. The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.\",\"sameAs\":[\"https:\/\/www.lawteacher.net\",\"https:\/\/www.facebook.com\/LawTeacherNet\",\"https:\/\/x.com\/LawTeacherNet\",\"https:\/\/gravatar.com\/lawteacherprofile\"],\"knowsAbout\":[\"Contract Law\",\"Criminal Law\",\"Constitutional and Administrative Law\",\"EU Law\",\"Tort Law\",\"Property Law\",\"Equity and Trusts\",\"Jurisprudence\",\"Company Law\",\"Commercial Law\",\"Family Law\",\"Human Rights Law\",\"Employment Law\",\"Evidence\",\"Public International Law\",\"Legal Research and Methods\",\"Dispute Resolution\",\"Business Law and Practice\",\"Civil Litigation\",\"Criminal Litigation\",\"Professional Conduct\",\"Taxation\",\"Wills and Administration of Estates\",\"Solicitors\u2019 Accounts\"],\"url\":\"https:\/\/www.lawteacher.net\/author\/lawteacher\"}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Kaitamaki v R | LawTeacher.net","description":"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.lawteacher.net\/cases\/kaitamaki-v-r.php","og_locale":"en_GB","og_type":"article","og_title":"Kaitamaki v R","og_description":"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.","og_url":"https:\/\/www.lawteacher.net\/cases\/kaitamaki-v-r.php","og_site_name":"LawTeacher.net","article_publisher":"https:\/\/www.facebook.com\/LawTeacherNet\/","article_author":"https:\/\/www.facebook.com\/LawTeacherNet","article_published_time":"-0001-11-30T00:00:00+00:00","og_image":[{"width":1920,"height":1080,"url":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-large-logo.webp","type":"image\/webp"}],"author":"LawTeacher","twitter_card":"summary_large_image","twitter_creator":"@LawTeacherNet","twitter_site":"@LawTeacherNet","twitter_misc":{"Written by":"LawTeacher","Estimated reading time":"2 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"ScholarlyArticle","@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#article","isPartOf":{"@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php"},"author":{"name":"LawTeacher","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e"},"headline":"Kaitamaki v R","datePublished":"-0001-11-30T00:00:00+00:00","mainEntityOfPage":{"@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php"},"wordCount":321,"publisher":{"@id":"https:\/\/wp.lawteacher.net\/#organization"},"keywords":["International Law"],"articleSection":["Case Summaries"],"inLanguage":"en-GB"},{"@type":"WebPage","@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php","url":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php","name":"Kaitamaki v R | LawTeacher.net","isPartOf":{"@id":"https:\/\/wp.lawteacher.net\/#website"},"datePublished":"-0001-11-30T00:00:00+00:00","description":"The defendant was convicted of breaking into the victim\u2019s flat and raping her twice. There was no dispute that sexual intercourse had taken place on two occasions, but the defendant contended that the victim had consented or that he had a reasonable belief that she was consenting.","breadcrumb":{"@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#breadcrumb"},"inLanguage":"en-GB","potentialAction":[{"@type":"ReadAction","target":["http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php"]}]},{"@type":"BreadcrumbList","@id":"http:\/\/64.226.118.242:8001\/cases\/kaitamaki-v-r.php#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/wp.lawteacher.net\/"},{"@type":"ListItem","position":2,"name":"Kaitamaki v R"}]},{"@type":"WebSite","@id":"https:\/\/wp.lawteacher.net\/#website","url":"https:\/\/wp.lawteacher.net\/","name":"Law Teacher","description":"The Law Essay Professionals","publisher":{"@id":"https:\/\/wp.lawteacher.net\/#organization"},"alternateName":"LawTeacher.net","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/wp.lawteacher.net\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-GB"},{"@type":"Organization","@id":"https:\/\/wp.lawteacher.net\/#organization","name":"Law Teacher","alternateName":"LawTeacher.net","url":"https:\/\/wp.lawteacher.net\/","logo":{"@type":"ImageObject","inLanguage":"en-GB","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/","url":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg","contentUrl":"https:\/\/www.lawteacher.net\/wp-content\/uploads\/2025\/07\/LT-logo.jpg","width":250,"height":250,"caption":"Law Teacher"},"image":{"@id":"https:\/\/wp.lawteacher.net\/#\/schema\/logo\/image\/"},"sameAs":["https:\/\/www.facebook.com\/LawTeacherNet\/","https:\/\/x.com\/LawTeacherNet","https:\/\/api.whatsapp.com\/send\/?phone=447723491966&text&type=phone_number&app_absent=0"],"description":"Law Teacher provides academic writing services for law students throughout the world.","email":"contact@lawteacher.net","telephone":"+44 115 966 7966","numberOfEmployees":{"@type":"QuantitativeValue","minValue":"51","maxValue":"200"}},{"@type":"Person","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/b99962c073c877c4ab8ee3d2486cd56e","name":"LawTeacher","image":{"@type":"ImageObject","inLanguage":"en-GB","@id":"https:\/\/wp.lawteacher.net\/#\/schema\/person\/image\/","url":"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g","contentUrl":"https:\/\/secure.gravatar.com\/avatar\/4fdfab0a9ef25209f111018ecc8a983e19e57c5066a9277217a119582ccbeed3?s=96&d=mm&r=g","caption":"LawTeacher"},"description":"LawTeacher.net is the UK's leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas. Founded in 2003 by Grey's Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one. The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.","sameAs":["https:\/\/www.lawteacher.net","https:\/\/www.facebook.com\/LawTeacherNet","https:\/\/x.com\/LawTeacherNet","https:\/\/gravatar.com\/lawteacherprofile"],"knowsAbout":["Contract Law","Criminal Law","Constitutional and Administrative Law","EU Law","Tort Law","Property Law","Equity and Trusts","Jurisprudence","Company Law","Commercial Law","Family Law","Human Rights Law","Employment Law","Evidence","Public International Law","Legal Research and Methods","Dispute Resolution","Business Law and Practice","Civil Litigation","Criminal Litigation","Professional Conduct","Taxation","Wills and Administration of Estates","Solicitors\u2019 Accounts"],"url":"https:\/\/www.lawteacher.net\/author\/lawteacher"}]}},"_links":{"self":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts\/6040","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/comments?post=6040"}],"version-history":[{"count":0,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/posts\/6040\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/media?parent=6040"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/categories?post=6040"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lawteacher.net\/wp-json\/wp\/v2\/tags?post=6040"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}