Definitions

Question 1

Define - Sexual connection

Answer 1

Sexual connection means -
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 tounge of one person and a part of another person’s genitalia or anus; OR,

c) the continuation of connection of a kind described in paragraph (a) or (b).

Question 2

Define - Penetration

Answer 2

Introduction to the slightest degree is enough to effect a connection, no matter how slight or fleeting, is sufficient.

Question 3

Proving penetration

Answer 3

May be established by:
- the complaints evidence
- medical examination, including physical injuries and DNA evidence
- the defendants admissions

Question 4

Define - Genitalia

Answer 4

This includes the penis and testicles of a male and the vulva and vagina of a female.

Also includes surgically constructed or reconstructed genitalia.

Question 5

Define - Penis

Answer 5

Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis.

Question 6

Define - Objects held or manipulated

Answer 6

Applies to anything, other than a part of a body, used by the offender to penetrate the complaints genitalia or anus.

Question 7

Mouth or tongue

Answer 7

It is not necessary for there to be a penetration; any touching of a person’s genitalia or anus with he mouth or tounge is sufficient.

Question 8

Continuation

Answer 8

Covers situations where sexual connection is started consensually, but consent is later withdrawn.

Question 9

Define - Consent

Answer 9

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

Question 10

What makes sexual connection unlawful?

Answer 10

Involves a mixed subjective/objective test in relation to consent.
Crown must prove:
- (Sub) - the complainant did not consent, AND,
- (Sub) - the offender did not believe the complainant was consenting, OR,
- (Obj) - if he did believe she was consenting, the grounds for such belief were not reasonable.

Question 11

When is consent relevant?

Answer 11

At the time the act actually took place.

Question 12

Define - Person

Answer 12

Proved by Judicial notice and accepted by circumstantial evidence

Question 13

To be guilty of an attempt to commit an offence

Answer 13

A person must:
- Intend to commit the offence; AND,
- Take a real and substantial step towards achieving that aim.

Question 14

Intent

Answer 14

Intention to commit the act, intention to get a specific result.

Question 15

Sexual conduct with a child under 12yrs
132(3) Indecent Act on a child. Immaterial whether?

Answer 15

The offender does the act on the victim.
The victim does the act of the offender.
The act was mutual.

Question 16

What must the prosection prove for indecent assault?

Answer 16

ICI
- That the defendant intentionally assaulted the complainant.
- That the circumstances accompanying the assault were indecent.
- That the defendant intended the conduct that a reasonable person would find indecent.

Question 17

Incest - age

Answer 17

Must be of or over the age of 16yrs to be charged with incest.

Question 18

Incest - Key factors

Answer 18

Key factors are the relationship and the knowledge of this relationship at the time of the act.
Essential that anyone charged with this offence, knew of relationship, and Crown to prove this knowledge.

Question 19

Incest - Consent

Answer 19

Consent is no defence.
Sexual connection in incest is carried out with consent of both parties. If not, then sexual violation is appropriate.

Question 20

Incest - who can be charged.

Answer 20

Parent and child - Yes
Siblings - Yes
Half siblings - Yes
Grandparent and grandchild - Yes
Adoptive parent - Yes
Consenting to adoption but not adoptive parent - No
Step-parent - No

Question 21

Incest - Knowledge

Answer 21

Crown to prove that each person charged has knowledge of the relationship before or at the time of the act.

Question 22

What do Police need to prove for offence of DFM?

Answer 22

Wide range of domestic relationships and aims to be broad enough to cover all complainants that are vulnerable, by the nature of the relationship with the offender.
Police need to prove that the offender had one of the roles, and had power and control over the dependant person.

Question 23

131B is grooming directed at what?

Answer 23

Offence is directed primarily at grooming via the internet and includes text messages and other forms of electronic communication.
Criminalises offender at the point where steps are being taken to implement the grooming, but before the offender has real opportunity to sexually abuse person.
Also covers if one party is out of NZ.

Question 24

When is offence of 131B complete?

Answer 24

• When parties meet, or
• The offender travels or makes arrangements to meet with the relevant intent.
• To be intentional, the meeting needs only be purposely arranged.

Question 25

Interpretation of Victims under Victims Rights Act 2002

Answer 25

(4) Victims Rights Act 2002
a) victim means,
i) a person against whom an offence is committed by another person, AND,
ii) a person who, through or by means of, an offence is committed by another person, suffers physical injury, or loss of, or damage to, property, AND,
iii) A parent or legal guardian of a child, or young person, who falls within subparagraph i) or ii), unless they are the offender, AND,
iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless they are the offender.

Question 26

12 Key Process Points for ASA

Answer 26

1 - Initial action on contact
2 - Case referral
3 - Providing Specialist Support
4 - Preliminary Interview
5 - Information Feedback
6 - Medical Examination
7 - Formal Interview
8 - Investigation and evidence assessment
9 - Resolution Option
10 - Prosecution
11 - Final actions and record keeping
12 - Preventative Opportunities and Responsibilities

Question 27

ASA - Acute Cases (Within 7days)
Refrain from…

Answer 27

• Eating/drinking/smoking
• Going toilet
• Washing hands
• Biting nails
• Showering
• Brushing hair/teeth

Question 28

CPP Initial Joint Investigation Plan (IJIP)

Answer 28

Work together to ensure the safety of the child and ensure evidence is collected.

S - Imediate Safety
S - Saftey of other children
E - Physical Evidence
A - Actions to be taken

Question 29

Three initial steps of CPP

Answer 29

1. Referral - Info sharing between agencies
2. CPP Consult - Discuss appropriate levels, confirm CPP, discuss immediate action and safety, and consider if multiple agencies’ approaches is required.
3. Agreement - OT and CPT discuss and agree upon IJIP.