DEFINITIONS Flashcards
PERSON
Accepted by judicial notice or proved by circumstantial evidence.
SEXUAL VIOLATION
Sexual violation is the act of a person who:
(a) rapes another person
(b) has unlawful sexual connection with another person
RAPE
Person A rapes person B if A has sexual connection with B, effected by the penetration of B’s genitalia by A’s penis:
(a) without B’s consent to the connection AND
(b) without believing on reasonable grounds that B consents to the connection
PENETRATION
Introduction to the slightest degree is enough to effect a connection
SEXUAL CONNECTION
(a) connection effected by the introduction into the genitalia or anus of one person (otherwise than for genuine medical purposes) of
(i) a part of the body of another person or
(ii) an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
(c) the continuation of connection of a kind described in (a) or (b)
GENITALIA
The reproductive organs. Includes the penis and testicles of a male, and the vulva and vagina of a female. It also includes surgically constructed or reconstructed organs analogous to naturally occurring male or female genitalia.
CONSENT
A person’s conscious and voluntary agreement to something desired or proposed by another.
UNLAWFUL SEXUAL CONNECTION
Person A has unlawful sexual connection with person B if A has sexual connection with B:
(a) without B’s consent to the connection AND
(b) without believing on reasonable grounds that B consents to the connection
ASSAULT
The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.
CHILD
A person under the age of 12 years
ATTEMPTS
S72 Crimes Act 1961
While having an intent to commit an offence, does or omits and act for the purpose of achieving that offence, whether in the circumstances it was possible to commit the offence or not.
INDECENT ACT
An indecent act has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
R v COURT
Conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]
YOUNG PERSON
A person under the age of 16 years.
INDECENT ASSAULT
R v LEESON
The definition of indecent assault is an assault accompanied with circumstances of indecency.
EXPLOITATIVE SEXUAL CONNECTION
Has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment AND has obtained the impaired person’s acquiescence in, submission to, participation in or undertaking of the connection by taking advantage of the impairment
EXPLOITATIVE INDECENT ACT
Does an indecent act on the impaired person knowing that the impaired person is a person with a significant impairment AND has obtained the impaired person’s acquiescence in, submission to, participation in or undertaking of the doing of the act by taking advantage of the impairment
PERSON WITH SIGNIFICANT IMPAIRMENT
An intellectual, mental or physical condition or impairment (or a combination of two or more) that affects a person to such an extent that it significantly impairs the person’s capacity to:
- understand the nature of sexual conduct
- understand the nature of decisions about sexual conduct
- foresee the consequences of decisions about sexual conduct
- communicate decisions about sexual conduct
CORROBORATE
To strengthen or support with other evidence, to make more certain
VERACITY
The disposition of a person to refrain from lying, whether generally or in the proceeding
VICTIM
- a person against whom an offence is committed by another person
- a person through or by means of an offence committed by another person, suffers physical injury or loss of property or damage to property
- parent or legal guardian of a child or young person who falls within either of the first two points above, unless that parent or guardian is the person charged or convicted
- member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that family member is the person charged or convicted
IMMEDIATE FAMILY
- a member of the victim’s family, whanau or other culturally recognised family group who is in a close relationship with the victim at the time of the offence
- includes people whose relationship to the victim at the time is close (eg spouse, de facto partner, child or step-child, brother or step-brother, sister or step-sister, parennt or step-parent and grandparent)
DEPENDENT FAMILY MEMBER
A person is a dependent family member of another person if:
- the other person has power or authority over him or her and is:
(i) a parent, step-parent, foster parent, guardian, uncle or aunt or
(ii) a parent, step-parent or foster parent of a person in (i) or
(iii) a child of his or her parent or step-parent OR - (if not listed above) if they are member of the same family, whanau or other culturally recognised group and the other person has responsibility for or a significant role in his or her care or upbringing OR
- (if not listed above) if they are living with the other person as a member of the other person’s family and the other person has power or authority over them AND a responsibility for or significant role in his or her upbringing
- Includes former foster parents, guardians and step parents
- Aunts/uncles incude half siblings of one of the person’s parents
