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CIB Modules 22/23 - Mwby42 > 007- Sex Offences > Flashcards

007- Sex Offences Flashcards

(84 cards)

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1
Q

Define sexual violation? Simply

A

Non consensual sexual connection with another person

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2
Q

What must the crown prove in all cases of sexual violation?

A

1- intentional act by offender involving sexual connection
2- complainant didn’t consent
3- offender didn’t believe was consenting or grounds for this belief not reasonable

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3
Q

Section for no legal defence for spouses for rape or unlawful sexual connection charges?

A

128(4)

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4
Q

Rape definition as per 128(2)

A

Effected by the penetration of person B genitalia by person A penis AND

Without B”s consent and w/o belief on reas grounds that they consent to the connection

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5
Q

What are the 2 forms of sexual violation under S128(1)?

A

a) rape of another person
b) unlawful sexual connection with another person

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6
Q

Unlawful sexual connection defined as per S128(3)

A

Person A has a sexual connection with person B w/o consent and w/o belief in reas grounds that person B consents

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7
Q

Sec 2 definition of sexual connection is……? (3 things)

A

Effected by the intro into genitalia/anus of one person of a body part of another or object held of manipulated

Connection between mouth or tongue of one and another’s genitalia/anus

Continuation of above

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8
Q

Sec 2 penetration: What amount of penetration is required to be proven?

A

Any degree of penetration no matter how slight or fleeting

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9
Q

How do we prove penetration? (3 things)

A

1- compl evidence
2- medical evidence (injuries/DNA)
3- def admissions

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10
Q

Sec 2 definition genitalia?

A

Reproductive organs including penis and testicles of a male and vagina/vulva of a female and any surgically constructed/altered genitalia analogous to male or female genitalia

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11
Q

R v KOROHEKE (genitalia)

A

Genitalia comprise the reproductive organs interior and exterior including the vulva and labia, both interior/exterior @ opening of vagina

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12
Q

Is penetration required in oral sexual connection charges?

A

Touching of another persons genitalia/anus with mouth/tongue is sufficient

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13
Q

Sec 127 - no presumption due to age- what does this section state?

A

Any person is capable- in law of being involved in sexual connection

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14
Q

Describe the subjective/objective test in relation to consent?

A

Subjective: (what were they thinking @ time)
Compl didn’t consent
Offender didn’t believe was consenting

Objective: (what should they have thought)
Grounds for any such belief not reasonable

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15
Q

What is consent?

A

Persons conscious/voluntary agreement to something desired/proposed by another

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16
Q

R v COX (consent)

A

Consent must be full free voluntary and informed, freely/voluntarily given by a person a in a position to form a rational judgement

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17
Q

R v GUTUAMA

A

“Gucci shoes of accused”

Under obj test crown must prove no reas person in accused shoes could thought compl was consenting

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18
Q

When is the material time consent considered to be relevant?

A

At the time the act took place

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19
Q

List possible reasons consent won’t be valid as per S128A?

A

1- no protest or resistance
2- allowed due to force/threat or fear of force
3- asleep/unconscious
4- so intoxicated
5- so impaired by intellectual/mental or physical impairment they can’t consent
6- mistaken ID
7- mistaken nature-quality (eg ghosting)

Not limited by above list

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20
Q

R v KOROHEKE (consent)

A

“KOROHEKE bash if no smash”

Important distinguish between consent freely given and submission to something u wanted or unavoidable

Eg - submission due to fear of what might happen if they don’t doesn’t = true consent

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21
Q

2 things a person must have done to be guilty of an attempt?

A

1- have an intent to commit the offence
2- real and substantial steps to committing offence

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22
Q

If it was physically impossible to commit the offence can you be guilty of an attempt?

A

In short yes. Sec 72 - “whether it was possible to commit the offence or not

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23
Q

What must the crown prove in relation to intent for an attempt offence?

A

That the def intended to commit the full offence.

(Attempts essentially means they fell short of the full offence AKA = fail!)

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24
Q

R v COLLISTER

A

Offenders Intent can be inferred from circumstances:
- actions/words before/during/after offence
- surrounding circumstances
- nature of act itself

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25
R v HARPUR (attempts include)
An act or omission constituting a substantial step in commission of the crime
26
How is conduct sufficiently proximate determined by the court?
Analysis of the def”s conduct at relevant time in conjunction with evidence of their intent based on the circumstances
27
R v HARPUR (attempts conduct cumulative)
Court may view conduct cumulatively and in its entirety up to when the conduct stops (What remains is relevant not determinative)
28
Liability: sexual conduct with child?
Sec 132(1) 1- person 2- has sexual connection 3- with a child Cover no defence re consent
29
COX v R (10/11 consent)
The court Don’t exclude possibility a child 10/11 may be able to give full and free consent to sexual intercourse, circumstances justifying this would be exceptional if not rare
30
COX v R (10/11 reasonable adult re consent)
Except in exceptional/rare circ”s even if they agree, no reasonable adult has grounds for believing a 10/11 year old has experience/maturity to understand nature or significance of the act
31
R v FORREST & FORREST
Crown must adduce best evidence possible in the circumstances in order to prove the victims age
32
An indecent act is generally accepted to be what?
An act accompanied by circumstances of indecency (R v LEESON)
33
R v COURT
“Court by right minded ppl” Indecency mens conduct that right thinking ppl will consider an affront to the sexual modesty of the complainant
34
What are the 3 prongs of the defence to a 134 charge under section 134A?
1- before act, taken reas steps find out if YP of or over 16 2- believed on reas grounds that YP 16+ 3- YP consented
35
R v LEESON
Indecent assault is an assault accompanied with circumstances of indecency
36
What 3 things must be proven in indecent assault charges?
1- intentionally assaulted vic 2- circumstances were indecent 3- def intended the conduct and a reasonable person would find indecent
37
If consent is raised in an indecent assault charge what 2 other elements must be proven?
1- compl did not infact consent 2- def didn’t honestly believe they were consenting
38
Can Indecent assault be an accidental act?
No, it must be intentional
39
Liability: incest
Sec 130(1) 1- a person 2- has sexual connection (consensual member, yea I member) 3- with parent/child/siblings/grandparent/grandchild 4- and the person charged (16+) knew of the relationship
40
Liability: SV by rape
Sec 128(1)(a) 1- a person 2- rapes 3- another person
41
Liability: SV by U/L S.C.
Sec 128(1)(b) 1- a person 2- has unlawful sexual connection 3- with another person
42
Liability: assault W int to commit Sexual violation
Sec 129(2) 1- a person 2- assaults 3- Another person 4- with intent to commit sexual violation of that person
43
Liability: sexual conduct with dependent family member
Sec 131(1) 1- a person 2- has sexual connection (with consent member) 3- with a dependent family member 4- under the age of 18
44
Liability: sexual conduct with a young person
Sec 134(1) 1- a person 2- Has sexual connection 3- with a young person
45
Liability: Indecent assault
Sec 135 1- a person 2- indecently assaults 3- another person
46
For a charge of incest how many parties need to consent to the sexual connection?
Consent is no defence, the connection must be with consent of both to amount to incest
47
Sec 131A- Definition of dependent family member?
If the other person has power or authority over them and is: a) Parent etc, uncle/aunt Child of their parent OR b) Members of the same family and not a person from a) but has responsibility or significant role in upbringing
48
What section is the offence: meeting young person following sexual grooming?
Sec 131B
49
When is a 131B (meeting YP following g grooming etc) complete?
When the parties meet or def travels or makes arrangements to meet the complainant and with the relevant intent
50
Section 44 evidence act states?
No question put to witness relating to sexual experience of complainant with any other person except the defendant and only with permission of the judge includes questions pertaining to their sexual reputation
51
Sec 87 evidence act?
Particulars of a witnesses address may not be be the subject of any question or evidence or statement or remark by a witness or officer of the court except with permission of judge
52
Sec 88 evidence act? (Sexua cases)
Restriction on questions to a witness about a complainants occupation
53
Section 121 evidence act?
In any criminal proceeding the complainants evidence does not have to be corroborated
54
Sec 35 evidence act?
Previous consistent statements rule (Challenge veracity/accuracy) Prior consistent statements generally only offered as rebuttal evidence. To respond to a challenge to veracity or accuracy of the witness
55
What does veracity mean?
Disposition of a person to refrain from lying
56
Advantages of a visually recorded interview? (Level 3)
- quality/quantity of info - minimise trauma to compl- evidence in chief via video - reduce contamination by interviewer creating written statement - best way to refresh memory for witness prior to trial
57
How does a child video interview meet a child’s needs?
- interview is focused on child, allows them to say what happened clearly and freely - recorded interview used for basis of investigation/prosecution/C+P matters - avoids re interviewing
58
Evidence regulations 31 re SCWI?
Lawyers copy of SCWI- lawyer must place in safe custody and return ASAP after case
59
What is section 131B CA 61?
Meeting a young person following sexual grooming
60
When is an offence under S131B complete?
After prior grooming offender either: Meeting YP Travelling W intent to meet OR Persuading YP to travel W intent to meet
61
What is the defence to a grooming charge under S131B(2)
Reasonable steps establish age and @ time believed on reasonable grounds over 16
62
What is S138 CA 61?
Sexual exploitation of person with significant impairment
63
Key part of section 138(3) - when the act becomes an offence? (Sex Exploitation 1M etc)
Knowing they have impairment and Exploiting that to get participation in the act
64
What is section 195A?
Failure to protect a child or vulnerable adult
65
What does an offender have to fail to protect a child from under S195A?
The risk of: Death GBH Sexual harm
66
What is the mens rea component of a S195A offence? (Failure protect child)
Knowing they are at risk of Death/GBH/sex harm
67
What is the actus reus component of a S195A offence? (Failure protect child)
Failing to take steps to protect child (Doing nothing like not calling police)
68
What is the defence under S134(4)?
Offender married to young person at time of act
69
Evidence regulation 8? (What must be on video record)
Date/time start Each person ID self Anyone else present The full interview Accurate way of measuring time in recording Time of finish
70
Evidence regulation 6? (person to support witness)
Person may support interviewee If interviewer considers: In interests of witness and Person is appropriate support person
71
Section 17 evidence regulations? (Master copy kept/ID)
Sealed with a certificate set out in schedule In safe custody with police Must keep record of: Date when received in custody Who dealt with copy from that date Reason for dealing with
72
Section 18 evidence regulations? (Working copy kept/ID)
ID as working copy by certificate In safe custody with police Record of person who views or had custody of working copy
73
CP - what are OT timeframes for categorising CP matters?
Critical - 24 hrs Very urgent - 48 hrs Urgent - 7 days
74
List 4 things victims should try refrain from before MEK?
- eating/drinking - Toilet (females no wipe) - showering/washing (Include hands and nails)
75
List points you would cover with a victim prior to MEK?
- conducted by specially trained doctor for sexual assault victims - benefits of MEK to their physical/sexual/mental health - evidence to get offender -how long may take - any questions or preference
76
Good things to reassure victims of ASA? (Calmtea)
Conduct = sensitive Accept - they telling truth Listen to them Medical attention needed??! Treat courteously Explain process/answer questions Advise - counselling
77
3 areas to consider when determining seriousness of physical abuse?
Action of the accused Injury inflicted Circumstances
78
List 4 responsibilities to victims under victims rights act?
- progress re investigation within 21 days - kept up to date re outcome and if no further lines or why no charges filed - ASAP after arrest determine if S29 offence and inform of VNR - outcomes and closure and return property
79
Define child abuse as per OT act?
Harming, Ill treatment, abuse, neglect or deprivation of any CYP
80
List some grounds for a witness to give evidence in an alternate way under S103 EA 06
Age/maturity Impairment of witness Trauma suffered Fear or Intimidation Nature of evidence or proceeding Absence from nz
81
List 3 ways a witness can give evidence under a 105 direction?
Screen- In court, unable to see defendant AVL- somewhere else in court or elsewhere in nz Video - EVI video prior to court
82
What is required to be proven for a 195A failure to protect child charge?
Victim under 18 Defendant 18+ Defendant had frequent contact Knowledge of risk of harm
83
ASA 3 types of complaints and associated timings
Acute - within 7 days Non acute - 7 days to 6 months Historical - 6 months +
84
What should an IJIP consider?
- Immediate safety of child - refer to doctor (parental consent) - management of CFI - joint visit - physical evidence collection - any other actions

CIB Modules 22/23 - Mwby42 (10 decks)

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