General Questions 1

Question 1

What must the crown prove for sexual violation

Answer 1

1. Defendant intended the sexual connection with complainant.
2. Complainant did not consent.
3. The Defendant did not believe the complainant was consenting.
4. If the Defendant did believe the complainant was consenting, the grounds for such belief was not reasonable.

Question 2

Discuss the penalty provisions for sexual violation as set out in s128B of the CA 1961

Answer 2

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

Question 3

Define Genitalia

Answer 3

Genitalia includes a 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 4

In negating consent, the Crown has to prove one of the things, list the three things

Answer 4

• The Victim did not consent, or
• The Victim’s consent was not valid, or
• The accused did not believe on reasonable grounds that the Victim was consenting

Question 5

Discuss the two elements that need to be proved in a charge of Assault with Intent to commit Sexual Violation, Sec 129(2) CA 61

Answer 5

That the offender:

• Assaulted the Victim, and
• Intended to commit sexual violation

Question 6

What is the definition of consent

Answer 6

Consent is a person conscious and voluntary agreement to do something desired or proposed by another

Question 7

Define Sexual Connection

Answer 7

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)

Question 8

Discuss the statutory defence for s134A - Sexual conduct with a person under 16 years

Answer 8

1. The person charged can show they took reasonable steps to establish the young person was aged over 16 or over, and
2. The person charged believed on reasonable grounds that the young person was aged 16 or over, and
3. The young person consented to that connection

• It is not a defence that the young person concerned consented; and
• believed that the young person concerned was of or over the age of 16 years.

Question 9

Define Sexual Conduct with a child under 12

Answer 9

• Sexual connection with a child
• Attempted Sexual connection with a child
• Does an indecent act on a child

Question 10

Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy

Answer 10

Yes, the girl can be charged as it is an offence of sexual conduct with a young person under 16 years (s134)

Question 11

Define ‘Indecent Act’

Answer 11

Indecent Act is generally accepted as an act accompanied by circumstances of indecency.

Indecent acts are usually consensual act. In ages specific sexual offences, doing an indecent act with a child or young person can also include indecently assaulting that child or young person.

Question 12

List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way

Answer 12

(a) The age or maturity of the witness:
(b) The physical, intellectual, psychological, or psychiatric impairment of the witness:
(c) The trauma suffered by the witness:
(d) The witness’s fear of intimidation:
(e) The linguistic or cultural background or religious beliefs of the witness:
(f) The nature of the proceeding:
(g) The nature of the evidence that the witness is expected to give:
(h) The relationship of the witness to any party to the proceeding:
(i) The absence or likely absence of the witness from New Zealand:
(j) Any other ground likely to promote the purpose of the Act.

Question 13

Discuss the requirements under reg 28 of the Evidence Regulations Act 2008

Answer 13

(1) The prosecutor mus ensure a typed transcript of a working copy is given to the defendant or the defendants lawyer -
(a) If there is to be a preliminary hearing at least 7 days before the date on which a video record is given in evidence at a preliminary hearing.
(b) If the defendant is to be tried summarily, as soon as is reasonably practicable after the defendant has pleaded not guilty
(2) The typed transcript is to be prepared by the Police.
(3) The court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that sub clause (1) has not been complied with.

Question 14

List three ways under s 105 of the evidence Act a witness may give evidence

Answer 14

1. While in a court room but unable to the the defendant or some other specified person (screens) or
2. From an approved place outside the court room either in New Zealand or elsewhere (CCTV) or
3. By a video record made before the hearing of the proceeding (video recording).