General

Question 1

Section 134A

Answer 1

Defence to S134 - sexual conduct with a young person under 16

It is a offence to a charge under section 134 if a person charge proves that
a) Before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was or over the age of 16 years AND
b) At the time of the act concerned, he or she believed unreasonable grounds that the young person was or over the age of 16 AND
c) The young person consented

Question 2

Section 128A

Answer 2

Invalid consent

Lack of protest/resistance
Force/threat/fesr of force
Asleep or unconscious
Alcohol/drygs
Intellectual, mental, physical impairment
Mistake as to Identity
Mistake as to nature quality of act
Any other fraudulent representation

Question 3

Section 129(1)

Answer 3

Attempted sexual violation

Question 4

Section 129(2), CA 61

Answer 4

Assault with intent to commit sexual violation

A person
Assaults
Another person
With intent to commit sexual violation
Of the other person

Question 5

Section 144A, CA61

Answer 5

Sexual conduct with children and young people outside nz

-Person who is nz citizen or ordinary resident
-commits offence against 132,134(sex conn, att sex conn, indecent act)

Question 6

Section 144B

Answer 6

Charges under 144A must be filed with consent of attorney general

Question 7

Interacting with victims

Answer 7

Conduct dealings in sensitive manner
Accept telling truth unless evidence to contrary
Listens to what they tell you and give them opportunity to tell their account
Medical attention required?
Treat the courteously
Explain processes and why we follow
Advise of counselling services available

Question 8

Defences under section 132

Answer 8

Consent of a child is not a defence to a charge under section 132

Also not a defence to believe the child was of or over 12 years old

Question 9

What must be proved for indecent assault

Answer 9

Crown must prove:

-the defendant intentionally assault the complainant

-the circumstances accompanying the assault were indecent

-the defendant intended the conduct that a reasonable person would find indecent

Also if consent is an issue
-complainant did not consent
-the defendant did not honestly believe the complainant was consenting

Question 10

Indecency

Answer 10

An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public morals