Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sexual Offences > Defintions and Questions > Flashcards

Defintions and Questions Flashcards

1
Q

Sexual violation

A

Person rapes or has unlawful sexual connection with another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Rape

A

Penetration of persons genitalia by one’s penis without consent or without believing on reasonable grounds there was consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Penetration

A

S(2): Affected by the slightest degree

Proved by the complainants statement, medical exam including any injuries and offender admissions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Genitalia

A

The external organs of reproduction for male and female. It is the penis and testicles of a male and the vulva and vagina of a female. Also includes surgically constructed or reconstructed genitalia.

R v Koroheke: reproductive organs internal and external including the vulva and labia both internal and external at the opening of the vagina.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Consent

A

A persons conscious and voluntary agreement to something desired or proposed.

R v Cox: Full, voluntary, free and informed, freely and voluntarily given by a person able to form a rational judgement.

R v Koroheke: Consent freely given, rather than submission to something unwanted or avoidable.

R v Guatama: no reasonable person in the accused’s shoes would think there was consent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What must the crown prove in relation to consent?

A

• the complainant did not consent
• offender did not believe they consented or
• if they did believe they consented the grounds for such belief are unreasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

S128A Matters not constituting consent

A

• no protest or resisting
• force or threat of force
• asleep or unconscious
• affected by drugs or alcohol
• affected by intellectual, mental or physical condition or impairment
• mistaken ID
• mistaken about the quality and nature of the act

*applies for sexual connection and indecent assault

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Unlawful sexual connection

A

S(2): introduction into genitalia or anus by part of another persons body, object or mouth or the continuation of these connections, unless for genuine medical purposes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Assault

A

S(2): intentionally applying or attempting to apply force to another person, directly or indirectly, or threatening to apply such force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Define Intent and support your answer with case law

A

There are two specific types of intent. There must be an intent to commit the offence and and intent to get the specific result.

R v Collister: Circumstantial evidence may infer offenders intent - actions/words, surrounding circumstances and the nature of the act itself

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define Indecent act

A

Generally accepted to be an act accompanied by circumstances of indecency(conduct directed at a person that is offensive to public moral values)

Does an indecent act on another or permits the person to do indecent act on them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

R v Court

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

R v Dunn

A

Indecent must be judged in light of the time, place and circumstances

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

R v Leeson

A

An assault accompanied with circumstances of indecency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Sexual conduct with a child - not a defence

A

S132(4) - not a defence they believed the child was over 12

S132(5) - consent is not a defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

S128(4)

A

No legal defence due to the fact the couple are legally married

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Punishment for sexual violation

A

The punishment for sexual violation is imprisonment for a term not exceeding 20 years and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from this rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Continuation

A

The definition is sexual connection includes the continuation where sexual activity is started consensually but consent is later withdrawn. There is an obligation on a person to stop at the point they realise the other person is no longer willing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

S127 - age

A

No presumption because of age - any person of any age is capable. It is not a defender to say either party was too young or too old.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Reluctant consent

A

R v Hubert: true consent may be given reluctantly it hesitantly and may be regretted afterwards, but if given without fear of force then it would not be rape

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Subjective and objective test for consent

A

Subjective 1: what was the complainant thinking at the time

Subjective 2: did the defendant believe they were consenting

Objective 1: what would a reasonable person had of believed if they were in the defendants shoes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

To be guilty of an attempt, a person must…

A

• intend to commit the offence
• take a real and substantial step towards achieving that aim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What must the crown prove for attempted sexual violation?

A

• intended to have sexual connection with the complainant
• complainant did not consent
• the defendant did not believe on reasonable grounds that the complainant was consenting

24
Q

Under 12 giving consent

A

Cox v R: we do not exclude the possibility that a child may be able to give consent, the circumstances would have to be exceptional and rare. No adult would have grounds for believing that a child would have the maturity or experience to understand the nature and significance of the act

25
Q

134A: Statutory defence

A

• they had taken reasonable steps to find out their age and
• they believed the person was of age and
• the young person consented

*it is not a defence to a charge under S134 if the YP consented and not a defence if they believed the person was 16+

26
Q

What must prosecution prove for indecent assault?

A

• the defendant intentionally assaulted the complainant
• the circumstances accompanying the assault were indecent
• the defendant intended the conduct that a reasonable person would find indecent

If there an issue with consent is raised, prosecution must also prove:
• the complainant did not consent
• the defendant did not honestly believe the complainant was consenting

*indecent assault cannot be committed accidentally

*consent is a defence for an adult, but not for a child or YP

27
Q

What level of belief if required for a defence for indecent assault?

Support your answer with case law

A

An honest belief is sufficient even if not reasonable.

R v Court: if the defendant is able to establish that they honestly believed the complainant was consenting they are entitled to be acquitted, even if the grounds were unreasonable

28
Q

Why with most sexual conduct with a child under 12 cases is there usually some degree of consent from the victim?

A

• grooming
• due to young age not able to understand the significance of the act

29
Q

To be guilty of an attempt they must have…

A

Progressed past the stage of preparation and started a process intended towards the full offence

R v Harpur: an attempt includes an act or omission in constituting a substantial step towards the full crime

30
Q

Two reasons why the offender might assault the victim

A

• hope the complainant will then change their mind and consent to the act or
• intend to commit rape/SC regardless of whether the complainant changes their kind

*if the offender is only trying to get them to change their mind, they will be liable for assault or indecent assault if applicable. If the assault is preliminary they will be liable for attempted SV or assault with intent to commit SV

31
Q

Not a defence - child under 12

A

132(4) not a defence if they believed the child was of or over 12

132(5) not a defence if the child consented

32
Q

S129A kinds of threat

A

• a threat that the person making the threat or some other person will commit an imprisonable offence but does not involve the actual or threatened application of force AND
• a threat of accusation or disclosure about misconduct that is likely to damage reputation AND
• a threat that the person will make improper use to the detriment of the person consenting of a power or authority arising out of an occupational or vocational position held by the person making the threat or a commercial relationship existing between the person making the threat and the person consenting

*this section creates an offence of inducing someone to commit SC in response to an implied threat that does not involve force

33
Q

Why relationship types are included in Incest?

A

Parent and child (including adoptive parents)
Siblings and half siblings
Grandparent and grandchild

*step parents and step children are not incest - may be liable for S131

34
Q

Who is a dependent family member?

A

A) Has authority over the person AND
• parent, step parent, foster parent, guardian, uncle or aunt or a parent or step/foster parent of these people
• a child of the parent or step parent
• a spouse or de facto partner of the first bullet point

B) If members of the same family AND
• is not a person listed above but has responsibility for or significant role in their care or upbringing

C) If living with the other person as a member of their family and not referred in A) but has power or authority over them and a responsibility or significant role in their upbringing

*aunt/uncle includes half sibling of ones parent
*foster/step parent includes former
*guardian defined as per the act, includes former guardian

35
Q

What must police prove for SC with a dependent family member?

A

That the person had authority or power over the person

36
Q

When is the offence of grooming complete?

A

• when the parties meet
• the defendant travels/makes arrangements to meet with the relevant intent
• when the defendant arranges/persuades the young person to travel with the intention of meeting them

37
Q

When can a previous consistent statement be admitted?

A

As rebuttal evidence only

38
Q

How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?

A

At least 7 days

39
Q

Name three circumstances where Police would remove a child from a household:

A

In cases involving:

Serious Wilful neglect
Serious physical abuse
Sexual assault
When a child is witness to a serious assault
Any allegations made against a CYF carer involving serious physical abuse
Any allegations made against CYF staff or Police involving serious physical abuse

40
Q

S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child?

A
  • the offence applies to members of the same household as the victim
  • the offender must be 18 years or over

KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and
FAILS (actus reus) to take reasonable steps to protect the victim from that risk

41
Q

In what other ways can a witness give evidence?

A
  • while in the courtroom but unable to see the defendant or some other specified person (Screens)
  • from an appropriate place outside the courtroom, either in New Zealand or elsewhere (CCTV)
  • by a video record made before the hearing of the proceeding (DVD)
42
Q

Before attending a Medical Examination, what should you explain to a victim?

A
  • that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
  • the benefits of a full medical forensic examination including:
    ​- potential benefit to their physical, sexual and mental health
    ​- how the examination can help Police obtain evidence to apprehend ​the offender
    -the expected time frame for the examination and, if appropriate, possible outcomes of the examination
43
Q

What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?

A
  • the action of the abuse
  • the injury inflicted, and
  • the circumstances (factors of the case)
44
Q

No question can be put to the victim regarding… (S44, Evidence Act 2006)

A

previous sexual history with any person other than the defendant

45
Q

Can a 17 year old uncle be charged with failing to protect a child?

A
  • offenders must be from the same household, or visit frequently
  • must be over 18 years of age
46
Q

What are the three categories of file in relation to ASA?

A

Acute - within 7 days
Non acute - 7 days to 6 months
Historic - 6 months or more

47
Q

Before attending a MEK, what should you remind the victim?

A
  • no eating or drinking
  • no going to the toilet (if necessary, use a toxicology kit to capture uring and ask the female victim not to wipe)
  • no washing or showering
  • no washing of hands or biting fingernails
48
Q

In certain circumstances S87 EA2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

A

if the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.

49
Q

When is the offence of sexual exploitation with a person with significant impairment complete?

A
  • 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
50
Q

For a charge of incest to be proved the offender is required to have a certain knowledge. What is that knowledge?

A

Must know if the relationship

51
Q

Defence to charge 131B - meeting YP

A

S131B(2) if they prove that before the act they had taken reasonable steps to find out 16+ and believed they were 16+

52
Q

Rape / SC - crown must prove (3)

A
  • complainant did not consent
  • offender didn’t believe they consented
  • or if they did believe the grounds for belief were unreasonable
53
Q

Assault with intent to commit SV. Crown must prove (3)

A
  • the defendant intended to sexually violate the victim
  • the complainant did not consent
  • the defendant did not believe on reasonable grounds that the victim was consenting
54
Q

What consent case law is used for sexual conduct with young person cases?

A

R v Cox

Must be present or 128 offence applies

55
Q

Indecent assault. Crown must prove (3)

A
  • the defendant intended to assault the complainant
  • the circumstances accompanying the assault were indecent
  • the defendant intended the conduct that a reasonable person would consider indecent
56
Q

Significant impairment for s138

A

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 the sexual conduct or

To understand the nature of decisions about sexual conduct or

Foresee the consequences of decisions about sexual conduct or

Communicate decisions about sexual conduct

Sexual Offences (5 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions