DEFINITIONS

Question 1

PERSON

Answer 1

Accepted by judicial notice or proved by circumstantial evidence.

Question 2

SEXUAL VIOLATION

Answer 2

Sexual violation is the act of a person who:

(a) rapes another person
(b) has unlawful sexual connection with another person

Question 3

RAPE

Answer 3

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

Question 4

PENETRATION

Answer 4

Introduction to the slightest degree is enough to effect a connection

Question 5

SEXUAL CONNECTION

Answer 5

(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)

Question 6

GENITALIA

Answer 6

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.

Question 7

CONSENT

Answer 7

A person’s conscious and voluntary agreement to something desired or proposed by another.

Question 8

UNLAWFUL SEXUAL CONNECTION

Answer 8

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

Question 9

ASSAULT

Answer 9

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.

Question 10

CHILD

Answer 10

A person under the age of 12 years

Question 11

ATTEMPTS

Answer 11

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.

Question 12

INDECENT ACT

Answer 12

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]

Question 13

YOUNG PERSON

Answer 13

A person under the age of 16 years.

Question 14

INDECENT ASSAULT

Answer 14

R v LEESON

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

Question 15

EXPLOITATIVE SEXUAL CONNECTION

Answer 15

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

Question 16

EXPLOITATIVE INDECENT ACT

Answer 16

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

Question 17

PERSON WITH SIGNIFICANT IMPAIRMENT

Answer 17

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

Question 18

CORROBORATE

Answer 18

To strengthen or support with other evidence, to make more certain

Question 19

VERACITY

Answer 19

The disposition of a person to refrain from lying, whether generally or in the proceeding

Question 20

VICTIM

Answer 20

• 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

Question 21

IMMEDIATE FAMILY

Answer 21

• 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)

Question 22

DEPENDENT FAMILY MEMBER

Answer 22

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