Definitions

Question 1

Person

Answer 1

As proven by judicial notice or circumstancial evidence

Question 2

Genitalia

Answer 2

Section 2, CA 61
Genitalia includes surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex).

Question 3

Penis

Answer 3

Section 2(interpretation), CA 61 
includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex.

Question 4

Anus

Answer 4

The anus is not included within the definition of genitalia, and therefore non-consensual penile penetration of the anus is not rape.

The appropriate charge would be a sexual violation by unlawful sexual connection

Question 5

Objects held or manipulated

Answer 5

This provision applies to anything, other than a part of his body, used by the offender to penetrate the complainant’s genitalia or anus.

For example a vibrator etc.

Question 6

Mouth or tongue

Answer 6

In the case of oral sexual connection, it is not necessary for there to be penetration; any touching of a person’s genitalia or anus with another person mouth or tongue is sufficient.

Question 7

Continuation

Answer 7

The definition of sexual connection includes the continuation of such acts, capturing situation where sexual activity is started consensually, but consent is later withdrawn.

There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing.

Question 8

No presumption because of age

Answer 8

Section 127, CA 61

This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection.

Therefore it would not be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection

Question 9

Consent

Answer 9

Consent is a person’s conscious and voluntary agreement to something desired or proposed by another. R v Cox

Question 10

Reluctant consent

Answer 10

The concept of reluctant consent was discussed. The court held that a true consent may be given reluctantly or hesitantly and may be regretted afterwards, but if the consent is given even in such a manner, provided it is without fear of the application of force or the result of actual or threatened force, then the act of sexual connection would not be rape. R v Herbert

Question 11

Rape

Answer 11

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis.

Rape is a specific form of unlawful sexual connection that involves the penetration of the complainant’s genitalia by the offender’s penis.

Question 12

Sexual connection defined

Answer 12

Section 2, CA 61

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 tongue of one person and a part of another person genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or para (b)

Question 13

Child

Answer 13

Child means a person under the age of 12

Question 14

Young person

Answer 14

Means a person under the age of 16

Question 15

Indecency

Answer 15

R v Court - Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant

Question 16

Genuine medical purpose

Answer 16

Some medical procedures involve the penetrating of the patients genitalia or anus by a doctor. Provided its done for genuine medical purposes, such penetration is excluded from the definition of sexual connection

Question 17

Penetration defined

Answer 17

Section 2(1A), CA 61 - Introduction to the slightest degree is enough to effect a connection

Question 18

What is the principle difference between rape and unlawful sexual connection

Answer 18

“Rape” is a specific form of unlawful sexual connection that involves the penetrations of the complainant’s genitalia by the offender’s penis.

Question 19

To be guilty of attempted sexual violation, what must the Crown prove

Answer 19

The crown must prove that at the time of the defendants conduct they;

• Tried to sexually violate the complainant, and
• The complainant did not consent tot he intended sexual connection, and
• The defendant did not believe on reasonable grounds that the complainant was consenting.

Question 20

In practice what is the best evidence that should be used as proof of a child’s age

Answer 20

R V Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

In practice, this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

Ideally, the independent evidence will be that of a parent, but that will not always be possible.

Question 21

Assault

Answer 21

Crimes Act 1961, Section 2
Assault means 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 22

Dependent family member

Answer 22

One person is the dependant family member of another person -

a) if the other person has power authority over him or her and is;
(i) his or her parents, step-parent, foster parent, guardian, uncle, or aunt or;
(ii) a parent, step-parent, foster parent of a person described in subpara (i); or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de facto partner of a person described in sub para (i), (ii) or (iii) or;
b) if they are members of the same family, whanau, or any other culturally recognised family group, and the other person

Question 23

Step relationships (incest)

Answer 23

A step parent and step child are not “parent and child “ under section 130. A sexual relationship between this relationship may fall under section 131 CA 61.

Question 24

Intent

Answer 24

In criminal law context, there are two specific types of intention in an offence. First, there must be an intention to commit the act and secondly, an intention to get a specific result.