General Questions

Question 1

Before conducting a medical forensic examination, what should be explained to the victim?

Answer 1

That the examination:

• will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted
• has potential health benefits and can help Police obtain evidence to apprehend the offender

​Expected duration (couple of hrs) and possible outcomes

Question 2

In an ASA investigation, what is the purpose of the preliminary interview?

Answer 2

To gain a better understanding of what has happened and determine:
what further investigative actions are necessary
whether an offence may have occurred
whether the victim wishes to make a formal complaint

Question 3

What are the important points to remember regarding the questioning of a child?

Answer 3

If child has made clear disclosure and adult can provide info, DO NOT ask child again.
If unclear what child has said AND no urgent safety issues, DO NOT question further.
If necessary to speak to ascertain safety, ask open ended questions. If becomes clear offence has been committed during questioning, DO NOT question further.

Question 4

What are the 3 key areas to determining seriousness of abuse?

Answer 4

The action of the abuse
The injury inflicted
The circumstances

Question 5

What are the goals of a medical forensic examination?

Answer 5

Primary - victim’s physical, sexual and mental health

Secondary - opportunity to collect evidence

Question 6

What types of questions should be asked during the preliminary interview of an adult sexual assault victim?

Answer 6

• TEDS
• What, When, Where, Who
• Not Why or How

Question 7

What 6 topics should be considered when completing IJIP?

Answer 7

safety of child
joint visits 
initial interview of child 
child forensic interview, interview of alleged offender and others 
collection of forensic evidence 
referral to medical practitioner

Question 8

What is required to prove the mens rea element of Assault with Intent to Commit Sexual Violation?

Answer 8

At the time of the defendant’s conduct he

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

Question 9

Explain s132(5)

Answer 9

It is not a defence to a charge of sexual conduct with a child that the offender believed the complainant was 12 years of age or over.

Question 10

What are the statutory defences listed in 134(4) and (5)?

Answer 10

(4) Married to the young person

(5) The young person cannot be charged as a party to the offence if the offender was 16 yrs or over at the time

Question 11

What does the defendant need to prove for a statutory defence to a charge under Crimes Act 1961, Section 134A?

Answer 11

• they had taken reasonable steps to ascertain that the young person was at least 16
  AND
• they believed on reasonable grounds that the young person was at least 16
  AND
• the young person consented.

Question 12

What must be proved for a charge of indecent assault?

Answer 12

• ​defendant intentionally assaulted complainant
• circumstances accompanying assualt were indecent
• defendent intended conduct that a reasonable person would find indecent

Question 13

Incest

Answer 13

Incest
s130, CA 1961
(1) Sexual connection is incest if
(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild, AND
(b) the person charged knows of the relationship

Question 14

How is dependent family member defined in s131A(1)(a)?

Answer 14

(a) if the other person has power or authority over him or her, and is
(i) his or her parent, step-parent, foster parent, guardian, uncle or aunt; or
(ii) a parent, step-parent, or foster parent of a person described in subparagraph (i); or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de factor partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii)

Question 15

How is dependent family member defined in s131A(1)(b)?

Answer 15

if they are members of the same family, whanau, or other culturally recognized family group, and the other person

(i) is not a person referred to in paragraph (a); but
(ii) has a responsibility for, or significant role in, his or her care or upbringing

Question 16

How is dependent family member defined in s131A(1)(c)?

Answer 16

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 paragraph (a), but has

(i) power or authority over him or her, and
(ii) a responsibility for, or significant role in, his or her care or upbringing.

Question 17

Section 131B covers Meeting young person following sexual grooming etc. When is this offence complete?

Answer 17

When the parties meet OR the defendant travels OR makes arrangements to meet the complainant WITH the relevant intent.

Question 18

Summarise s44(1) and (2), Evidence Act 2006 in relation to questions that can be put to the witness.

Answer 18

In a sexual case, no evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant or about their reputation in sexual matters, except with the Judge’s permission.

Question 19

Summarise s88, Evidence Act 2006.

Answer 19

In sexual cases, protects the complainant from having questions put to them or to a witness about their occupation, or having evidence given or statements/remarks made about their occupation…except with the Judge’s permission.

Question 20

Matters that do not consitute consent

Answer 20

• Not protesting or offering physical resistance to the use of force
• Application of force to self or others, threats of force to self or others, or fear of force to self or others
• Asleep or unconscious
• So affected by drugs/alcohol they cannot consent
• So affected by mental or physical impairment they cannot consent
• Mistaken Identity
• Mistaken as to the nature and quality of the act

Question 21

Reasonable grounds (Is a three-step process)

Answer 21

Subjective test - Step one - Absences of consent
What was the complainant think at the time? Was she consenting?

Subjective Test - Step two - Belief in consent
If s/he was not consenting did the offender believe the complainant was consenting? Ie what was the offending thinking at the time

Objective Test - Step three - Reasonable grounds for belief
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant?

Question 22

Guardian meaning

Answer 22

Means guardian by virtue of the Guardianship act 1968