Definitions Flashcards
Person
Accepted by judicial notice or proved by circumstantial evidence
Rape
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of B’s genitalia by person A’s penis,
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection
Penetration
For the purpose of paragraph (a) of the definition in subsection (1) of sexual connection, introduction to the slightest degree is enough to effect a connection
Genitalia
Genitalia includes a surgically constructed or reconstructed organ analogues to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indetermined sex)
Penis
Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indetermined sex)
Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
Reasonable grounds
What would a reasonable person have believed in placed in the same position as the defendant
Unlawful sexual connection
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds that person B consents to the connection
Sexual connection
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’s genitalia or anus OR
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
Indecent act
Generally accepted to be an act accompanied by circumstances of indecency
Child
Child means a person under the age of 12 years
Young person
Young person means a person under the age of 16 years
Indecent Assault
The definition of indecent assault….is an assault accompanied with circumstances of indecency (R v Leeson)
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
Subjective Objective Test
What was the complainant thinking at the time
What the offender thought at the time
If he believed that she was consenting, the grounds for such belief were not reasonable (what would a reasonable person think in the circumstances)
Indecency
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
Dependant Family Member
if the other person has power or authority over him/her and is
- his/her parent, step-parent, foster parent, guardian, uncle, aunt OR
- parent, step-parent or foster parent of a person described in subparagraph above OR
- a child of his or her parent of step-parent OR
- the spouse or de facto partner of a person described in subparagraphs above OR
If they are member of the same family, whanau, or other culturally recognised family group and the other person:
- is not a person referred to in bullet points above BUT
- has a responsibility for or significant role in his or her care or upbringing OR
If he or she is living with the other person as a member of the other person’s family and the other person is not a person referred to in the first of the two paragraphs above but has:
- power or authority over him or her AND
- a responsibility for or significant role in his or her care or up bringing
AUNT - includes a half sister of one of the persons parents
FOSTER PARENT - includes a former foster parent
GUARDIAN - (a) guardian by virtue of the guardianship act 1968 or the CYPFs act 1989 AND includes a former guardian
STEP PARENT - includes a former step parent
UNCLE - includes a half brother of one of the person’s parents
MUST PROVE ONE OF THE ABOVE ROLES AND HAD POWER OR AUTHORITY OVER THE DEPENDENT PERSON
Victim
A victim is a person who
- against whom an offence is committed by another person OR
- who through or by means of an offence committed by another person suffers physical injury, or loss of or damage to property.
Victims may also include parents or guardians of a child or young person who falls within the above criteria unless that parent or guardian is charged with the commission of or convicted or found guilty of or pleads guilty to the offence concerned.
(a) means-
(i) a person against whom an offence is committed by another person
(ii) a person who through or by means of offence committed by another person suffers physical injury, loss of or damage to property
(iii) a parent or legal guardian or a child or young person who falls within subparagraph (i) or (ii) unless that parent or guardian is the offender
(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 that member is the offender
(b) for the purposes only of section 7 and 8 includes-
(i) a person who through or by means of an offence committed by another person suffers any form of emotional harm
(ii) a parent or legal guardian of a child or young person who falls within subparagraph (i) unless that parent or guardian is the offender
Incest
Is a sexual connection between 2 people who’s relationship is that of a parent and child, siblings, half siblings or grandparent and grandchild
AND
the person charged knows of the relationship
Significant impairment
Is an intellectual, mental or physical condition or impairment (or a combination of 2 or more) that affects a person to such an extent that it significantly impairs the persons capacity:
- to understand the nature of sexual conduct
- to understand the nature of decisions about sexual conduct
- to foresee the consequences of decisions about sexual conduct
- to communicate decisions about sexual conduct
SAATS
Sexual Abuse Assessment and Treatment Service
Specialist adult witness interviewer
person who has successfully completed the investigative interviewing level 3
MEDSAC
Medical Sexual Assault Clinicians aotearoa
