Definitions

Question 1

Define “Rape”

Answer 1

Person A rapes person B if person A has sexual connection with person B,

by penetrating Person B’s genitalia with Person A’s penis,

Without Person B’s consent AND

Without believing in RGs that Person B consented

Question 2

Define “unlawful sexual connection”

Answer 2

Person A has unlawful sexual connection with Person B if Person A has sexual connection with Person B without consent of Person B and without belief on RG’s that person B consented

Question 3

Define “sexual connection”

Answer 3

Connection effected by the introduction into genitalia/anus OTFGMP of …

i) a part of the body of another person
ii) object held or manipulated by another person

Or b) connection between mouth/tongue & genitalia/anus

Or c) a continuation of a or b

Question 4

Define penetration

Answer 4

Introduction to the slightest degree, no matter how slight or fleeting

(Can be proven by (3): C’s evidence, medical exam, defendant’s admissions)

Question 5

Define Genitalia (using R v Koroheke)

Answer 5

The reproductive organs, interior and exterior, including the vulva and the labia, interior and exterior

Question 6

Define Consent using R v Cox

Answer 6

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

R v Cox: consent must be full, voluntary, free and informed, freely and voluntarily given by someone in a position to form a rational judgment

Question 7

Explain the objective test for Consent using R v Gutuama

Answer 7

No reasonable person in the accused’s shoes could be thought that the complaint was consenting

Question 8

Define “a person”

Answer 8

A person is generally accepted by judicial notice or proved by circumstantial evidence

Question 9

Define “Attempts” as per s72 Crimes Act

Answer 9

Everyone who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt (whether possible in the circumstances or not)

The question of whether it’s an attempt or mere preparation is a question of law

It may constitute an attempt if the act is immediately or proximately connected to the intended offence

Question 10

Define intent

Answer 10

There must be an intention to commit a deliberate act to get a specific result

R v collister, an offenders intent can be inferred from circumstantial evidence including
- the offenders actions
- the surrounding circumstances
- the nature of the act itself

Question 11

Define an attempt using R v Harpur

Answer 11

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

Question 12

Define “Assault” as per s2 crimes act

Answer 12

The act of intentionally applying force (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 causes the other to believe on reasonable grounds that he has present ability to effect his purpose

Question 13

Define “indecent act” as it is generally accepted.

Answer 13

An act accompanied by circumstances of indecency

Question 14

Define “indecency” using R v Court

Answer 14

Conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 15

List the relationships the constitute incest

Answer 15

Parent and child
Siblings
Half siblings
Grandparent and grandchild

Question 16

Define “dependant family member” as per s131A crimes act

Answer 16

-has power or authority over … and

…i) is parent, step parent, foster parent, guardian, uncle/aunt, (or a parent etc of i)
…spouse or partner of someone in (i)
…members of the same whanau or family group
…or if living with them and responsible for upbringing