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Sex offences > 01 > Flashcards

01 Flashcards

1
Q

What are the three things you need to inform the victim before a medical examination?

A

That the examination:
-Will be conducted by medical practitioner specially trained in examining individuals who have been sexually assaulted.

  • Has potential health benefits and can help police obtain evidence to apprehend/prosecute the offender.
  • The expected duration of the examination (“a couple of hours”) and, if appropriate, possible outcomes of the examination.
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2
Q

131B - when is the offence complete.

A

Intentionally meets the young person.

Travels with the intention of meeting the young person.

Arranges for or persuades the young person to travel with the intention of meeting him or her, AND

at the time of taking the action, he or she intends:
to take in respect of the young person an action that, if taken in NZ, would be an offence against this part. OR

That the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in NZ, be an offence against this part on his or her part.

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3
Q

Consent definition

A

Consent is a persons conscious and voluntary agreement to something desired or proposed by another.

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4
Q

R v cox

A

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

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5
Q

Previous consistent statements will really only be admissible as?

A

rebuttal evidence”.

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6
Q

Brother and sister (both over 16) having sex and admit to having sex and know about relationship. Who can be charged?

A

Both

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7
Q

If a male has sexual intercourse with his 18 year old home stay student, is there any offence?

A

No offence committed (18 years and over is not an offence)

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8
Q

When is the offence of sexual grooming complete?

A
  • when the offender intentionally meets the young person
  • when the offender travels with intention of meeting the young person
  • when the offender arranges for or persuades the young person to travel with the intention of meeting him or her
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9
Q

When can a previous consistent statement be admitted?

A

As rebuttal evidence only

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10
Q

How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?

A

at least 7 days

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11
Q

Define Sexual Connection (S2, CA1961)

A

a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of another person, or
ii) any object held or manipulated by another person
or
b) Any connection between the mouth or tongue of one person and any part of the genitals or anus of another
or
c) The continuation of any connection described in paragraphs a or b.

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12
Q

Define Unlawful Sexual Connection

A

Person a has unlawful sexual connection with person b if person a has sexual connection with person b

i) without person b’s consent to the connection
ii) without believing on reasonable grounds that person B was consenting to the connection

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13
Q

What is the defence under s134?

A
  • prior to the act, they had taken reasonable steps to ascertain that the young person was at last 16, and
  • at the time of the act, they believed on reasonable grounds that the young person was at least 16, and
  • the young person consented.
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14
Q

Can a 16 year old female be charged with having sexual intercourse with a 14 year old male?

A

Yes

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15
Q

Name three circumstances where Police would remove a child from a household:

A
  • In cases involving:
    Serious Wilful neglect
    Serious physical abuse
    Sexual assault
    When a child is witness to a serious assault
    Any allegations made against a CYF carer involving serious physical abuse
    Any allegations made against CYF staff or Police involving serious physical abuse
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16
Q

S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child?

A
  • the offence applies to members of the same household as the victim
  • the offender must be 18 years or over

KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and
FAILS (actus reus) to take reasonable steps to protect the victim from that risk

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17
Q

In what other ways can a witness give evidence?

A
  • while in the courtroom but unable to see the defendant or some other specified person (Screens)
  • from an appropriate place outside the courtroom, either in New Zealand or elsewhere (CCTV)
  • by a video record made before the hearing of the proceeding (DVD)
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18
Q

Before attending a Medical Examination, what should you explain to a victim?

A
  • that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
  • the benefits of a full medical forensic examination including:
  • potential benefit to their physical, sexual and mental health
  • how the examination can help Police obtain evidence to apprehend the offender
  • the expected time frame for the examination and, if appropriate, possible outcomes of the examination
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19
Q

What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?

A
  • the action of the abuse
  • the injury inflicted, and
  • the circumstances (factors of the case)
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20
Q

Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?

A

Yes it is, an adoptive parent is a ‘parent’ thus incest.

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21
Q

At what age does a file become an ASAT file?

A

17 years or older at the time of making the complaint.

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22
Q

No question can be put to the victim regarding… (S44, Evidence Act 2006)

A

-previous sexual history with any person other than the defendant

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23
Q

What 3 things must the Crown prove in relation to an Indecent Assault?

A
  • defendant intentionally assaulted the complainant
  • the circumstances accompanying the assault were indecent
  • the defendant intended the conduct that a reasonable person would find indecent
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24
Q

Can a 17 year old uncle be charged with failing to protect a child?

A
  • offenders must be from the same household, or visit frequently
  • must be over 18 years of age
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25
Q

What are the three categories of file in relation to ASA?

A

Acute/non-acute/historic

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26
Q

R v LEESON

A

The definition of ‘indecent assault’… is an assault accompanied with circumstances of indecency.

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27
Q

S128A

The following circumstances do not constitute consent:

A
  • not offering physical resistance do to use of force, fear of force or threat of force
  • asleep or unconscious
  • affected by drugs or alcohol
  • mental or physical impairment
  • mistaken ID
  • mistaken as to nature and quality of the act
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28
Q

Before attending a MEK, what sound you remind the victim?

A
  • no eating or drinking
  • no going to the toilet (if necessary, use a toxicology kit to capture uring and ask the female victim not to wipe)
  • no washing or showering
  • no washing of hands or biting fingernails
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29
Q

In certain circumstances S87 EA2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

A
  • if the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
30
Q

When is the offence of having exploitative sexual connection with a person with a significant impairment complete:

A

(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

31
Q

What should be the two principle objectives of a doctor conducting a medical examination of the victim of suspected child abuse?

A
  • Determines treatment and protection.

- Provides evidential material.

32
Q

The fact that any consent obtained by an offender is negated because it was obtained by a treat is applicable to both ‘sexual violation’(s128) and inducing sexual connection by coercion (s129A).

What is the principle difference between the two offences in relation to consent obtained by treat?

A

Section 128 requires that the treat must be treat of force

33
Q

S195CA 1961, What is necessary to prove criminal liability in failing to protect a child?

A
  • The offence applies to members of the same household as the victim.
  • The offender must be 18 years or over.

KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and
FAILS(actus reus) to take reasonable steps to protect the victim from that risk.

34
Q

What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?

A

The action of the abuse.

The injury inflicted, and

The circumstances(factors of the case).

35
Q

Can a child consent?

A

Yes - under exceptional circumstances

36
Q

Define

Section 4 Evidence Act

A

Means a criminal proceeding in which the person is charged or is waiting to be sentenced or otherwise dealt with for:

(a) an offence against s128-142A CA 1961 or
(b) any other offence of a sexual nature

37
Q

Define

Serious wilful neglect

A

Wilfully ill-treats or neglects a child that is likely to cause actual bodily harm, injury to health or mental disorder/disability or expose a child to harmful toxic environment, eg clan lab

38
Q

What to take to a MEK

A

Evidence toxicology kit, change of clothes, MEK, info for doctor.

39
Q

What to tell the doctor about victim of ASA?

A 
Age
Gender
Where the assault occurred
Brief outline of facts
Discuss if child case or not
Victims wishes in regards to gender of doctor (this helps to meet the victims needs and timing for medical exam)
40
Q

After MEK

A

Doctor seals, labels and bags all samples and clothing.

41
Q

Before MEK is sealed

A 
The OC debriefs with doctor
Advise on immediate needs
Verbally summarise exhibits
ID forensic items
ID injuries
Any significant disclosures
42
Q

Before MEK is sealed

A 
The OC debriefs with doctor
Advise on immediate needs
Verbally summarise exhibits
ID forensic items
ID injuries
Any significant disclosures

Doctor seals MEK and hands to OC - sealed MEK, Tox kit, removed clothing.

Police secure in fridge and collect and secure and other clothing.

43
Q

What should you consider after the prelim interview?

A

Public safety
Secure/preserve evidence at crime scene
ID/locate witnesses/suspects
Tox kit for urination

44
Q

Specially trained sexual assault medical forensic practitioners role is to?

A 
Primary medical care of victim
Retrieve forensic evidence
Refer victims to follow up medical care
Provide examination report to police
Give unbiased evidence in court
45
Q

CPP - 3 initial steps (IJIP)

A

Referral
Consultation
Agreement

46
Q

After the CYF interview police must

A

Review the impact of the info disclosed an update CYF of the information disclosed and discuss care/protection concerns (IJIP may need to be amended)

47
Q

IJIP must consider

A

Any joint visits required
Childs safety and wellbeing
Collection of evidence
Need for specialist child witness interview
Management of the child’s initial interview and ethnicity needs
Referral to medical practitioner

48
Q

12 steps of investigation in ASAI

A 
1- initial action on contact
2- case referal
3- specialist support
4- prelim interview
5- information feedback
6- medical examination
7- formal interview
8-investigation and evidence assessment
9- resolutions
10- prosecution
11- final actions
12- prevention
49
Q

List 4 police responsibilities with victims rights

A
  • All obligations must be met under the victims rights act and all victim contact recorded.
  • Must update victim within 21 days regarding the investigation.
  • Victim must be kept updated about investigation and outcomes.
  • If offender is arrested must consider s29 offence and right for victim to be put on Victim Notification system.
  • All property tobe returned to victim as soon as practical.
50
Q

Discuss R v Harpur and sufficiently proximate?

A

An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

The mere act of preparation is not enough to constitute attempts. The defendant has to have taken some conduct towards the completion of the crime and have necessary intent to carry it out.

51
Q

No question can be put to the victim regarding…(s44, Evidence At 2006)

A

Previous sexual history with any person other than the defendant.

52
Q

In certain circumstances s87 EA2006, the judge can ask the witness to state their address details. In what circumstances will this occur?

A

if the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.

53
Q

Purpose of a preliminary interview

A

To determine whether an offence has occurred and whether the victim is willing to make a forma complaint and what further actions are necessary.

54
Q

In proving intent, the crown must prove that:

A

The victim did not consent
The victims consent was invalid
The defendant did not believe on reasonable grounds that the victim was consenting.

55
Q

What three things need to be proven in regards to attempted sexual connection?

A

The defendant intended to have sexual connection with the victim and the victim did not consent to the sexual connection and the defendant did not believe on reasonable grounds that the victim was consenting

56
Q

Assault with intent to commit sexual violation Sec 129(2) CA 1961 10yrs.

Two elements to be proven:

A

The offender assaulted the victim and

Intended to commit sexual violation.

57
Q

Section 129A Sexual conduct by coercion CA 1961 14yrs

A

Everyone has sexual connection with another person knowing that person has been induced to consent to the connection by threat.

58
Q

Section 129A (5) 3 points of that section

A

A threat that the person making the threat or some other person will commit an offence punishable by imprisonment but does not involve actual or threatened force to any person AND,

Makes an accusation or disclosure about misconduct that is likely to damage the reputation of that person AND,

Improper use of a power or authority of an occupational/vactional position or commercial relationship between the person making the threats and the person consenting.

59
Q

What is the principle difference between rape and unlawful sexual connection?

A

Rape must involve the connection between a persons genetalia and another persons penis. Unlawful sexual connection involves a wider range of acts including the introduction into the genetalia or anus of one person and a part of the body of another person(including mouth or tongue) or and object held or manipulated by another person

60
Q

What is the primary difference between the ‘force of application’ in 128 and 129A?

A

Section 129 creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force.

61
Q

Brother and sister (over 18) have sex, knowingly. Who can be charged?

A

Both can be charged with incest as they are siblings and know about their relationship. Both liable as they are over 16yrs.

62
Q

List the two main forms of sexual violation.

A

The two forms of sexual violation are rape and unlawful sexual connection.

63
Q

Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961

A

Section 128B of the Crimes Act 1961 outlines that the punishment for sexual violation is imprisonment for term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule

64
Q

Define the term ‘genitalia’

A

Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation, it does not include ubic hair or breasts. It also includes surgically constructed organs.

65
Q

In negating consent, the crown has to prove one of three things. List the three things.

A

In proving that consent was not present in a case of sexual violation, the crown must prove that:

  • The victim did not consent.
  • The victims consent was not valid.
  • The accused did not believe on reasonable grounds that the victim was consenting.
66
Q

Define ‘indecent act’

A

‘indecent act’ is generally accepted as an act accompanied by circumstances of indecency

67
Q

List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way.

A

Under s103(3):

(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of-
(a) The age or maturity of the witness.
(b) The physical, intellectual, psychological, or psychiatric impairment of the witness.
(c) The trauma suffered by the witness.
(d) The witness’s fear of intimidation.
(e) The linguistic or cultural background or religious beliefs of the witness.
(f) The nature of the proceeding.
(g) The nature of the evidence that the witness is expected to give.
(h) The relationship of the witness to any party to the proceeding.
(i) The absence or likely absence of the witness from New zealand.
(j) Any other ground likely to promote the purpose of the Act.

68
Q

In relation to child abuse investigations, define what the term “child-centred timeframes” means.

A

Child-centred timeframes are timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response. As an example, for a 5 year old, a week is a very long time for an event to be recounted with reliability. However, a 16 year old would have less difficulty recalling the same event several weeks later.

69
Q

Explain Section 44 of the Evidence Act 2006.

A

Generally, no evidence or questions (except with the judge’s permission) can be put to the complainant about their sexual experiences with any person other than the defendant.

However s44(1) is the subject to the propensity rule in s40(3). Evidence of the victim’s propensity act in a certain way with the defendant, including sexually, may be offered as evidence but only if the judge grants permission.

70
Q

Explain Section 195A Crimes Act 1961 in relation to what is necessary to prove criminal liability for failing to protect a child.

A

s195A Crimes Act 1961 imposes criminal liability in some situations where it is known a child (or vulnerable adult) is at risk of harm but where no action is taken.

The offence applies to:

  • Members of the same household as the victim.
  • People who are staff members of any hospital, institution or residence where the victim resides.

Criminal liability will arise if such a person had frequent contact with a child (or vulnerable adult) and:

  • Knows(mens rea) the victim is at risk of death, grievous bodily harm or sexual assault as a result of the acts or omissions of another person; and
  • Fails (actus reus) to take reasonable steps to protect the victim from the risk.
71
Q

Explain Section 87 of the Evidence Act 2006 in relation to victims addresses:

A

Section 87 of the Evidence Act 2006 protects a witness from having to state their address and having questions put to them about that information. This includes not only the name and number of the street, but also the name of the town or community the witness lived in. However, these details may be disclosed where the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.

Sex offences (4 decks)

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