Important legislation and case law (Sex offences) Flashcards
Sexual Violation by rape
Section 128(1)(a) Crimes Act 1961
Section 128(1)(a) Crimes Act 1961
Sexual Violation by rape
Sexual violation by rape elements
- Any person
- Rapes
- Another person
Sexual violation by Unlawful Sexual Connection
Section 128(1)(b) Crimes Act 1961
Section 128(1)(b) Crimes Act 1961
Sexual violation by Unlawful Sexual Connection
Unlawful Sexual Connection elements
- A person
- Has unlawful sexual connection with
- Another person
Assault with intent to commit sexual violation
Section 129(2) Crimes Act 1961
Section 129(2) Crimes Act 1961
Assault with intent to commit sexual violation
Assault with intent to commit sexual violation elements
- Any person
- Assaults
- Any person
- With intent to commit sexual violation of
- Any other person
Sexual Conduct with Child under 12
Section 132 Crimes Act 1961
Section 132 Crimes Act 1961
Sexual Conduct with Child under 12
Sexual conduct with child under 12 elements
- A person
- (a) Has sexual connection with or
(b) Attempts to have sexual connection with or
(c) Does indecent act on - A child
Sexual Conduct with a Young Person under 16
Section 134 Crimes Act 1961
Section 134 Crimes Act 1961
Sexual Conduct with a Young Person
Sexual conduct with yp under 16 elements
- A person
- (a) Has sexual connection with or
(b) Attempts to have sexual connection with or
(c) Does indecent act on - A young person
Indecent Assault
Section 135 Crimes Act 1961
Section 135 Crimes Act 1961
Indecent Assault
Indecent Assault Elements
- A person
- Indecently assaults
- Another person
Sexual conduct with a dependant family member
Section 131 Crimes Act 1961
Sexual conduct with a dependant family member elements
- A person
- (1) Has sexual connection with
(2) Attempts to have sexual connection with
(3) Does an indecent act on - A dependant family member
- Under the age of 18
Section 131 Crimes Act 1961
Sexual conduct with a dependant family member
What does Section 131A CA 61 define?
The definition of family member is provided in S131A
The offence of incest
Section 130 Crimes Act 1961
Section 130 Crimes Act 1961
The offence of incest
Incest elements
- A person
- Has sexual connection with
- A parent and child or siblings, half-siblings or grandparent and grandchild
- And the person charged knew of the relationship
The offence of meeting a young person for sexual grooming
Section 131B Crimes Act 1961
Section 131B Crimes Act 1961
The offence of meeting a young person for sexual grooming
The offence of meeting a young person for sexual grooming Elements
- A person having met or having communicated with
- A young person aged Under 16 on an earlier occasion
- (i) Intentionally met him/her
- (ii) Travels with the intention of meeting the young person
- (iii) Arranges for or persuades the young person to travel with the intention of meeting him or her
- And at the time of meeting intended;
- To take an action in respect of him/her that would be an offence against part 7 of the Crimes Act 1961 OR that he / she should do an act on you the doing of which would be an offence against part 7 of the crimes act 1961 on his/her part
The offence of sexual exploitation of a person with significant impairment
Section 138 Crimes Act 1961
Section 138 Crimes Act 1961
The offence of sexual exploitation of a person with significant impairment
The offence of sexual exploitation of a person with significant impairment elements
- A person
- (1) has exploitative sexual connection
- (2) Attempts to have exploitative sexual connection
- (4) Does an indecent act on
- A person with a significant impairment.
Section 144A Crimes Act 1961
The offence of sexual conduct with children and young people outside NZ
(Must have knowledge of the provisions, procedures and guidelines relating to)
Section 128A Crimes Act 1961
Matters that do not constitute consent
(Must have knowledge of the provisions, procedures and guidelines relating to)
R v Koroheke (Genitalia)
The genitalia comprise the reproduction organs, interior and exterior. They include the vulva and the labia, both interior and exterior, at the opening of the vagina
R v Koroheke (Consent)
It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what may happen if she does not give in or co-operate, is not true consent.
R v Cox (consent)
Consent must be full voluntary free and informed. Freely and voluntarily given by a person in a position to form a rational judgement
R v Cox (consent of a child)
Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
R v Cox (Belief of consent from child)
Save in exceptional and rare circumstances, even where she indicates an agreement to the occurring, no reasonable adult would have grounds for believing that a ten or eleven year olde girl has the experience or maturity to understand the nature and significance of the act.
R v Gutuama
Under the objective test the crown must prove that “No reasonable person in the accuseds shoes could have thought that the complainant was consenting”
R v Harpur (attempt)
An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
R v Harpur (sufficient proximity)
The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done, is always relevant, though not determinative.
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
R v Leeson
The definition of ‘indecent assault’ is an assault accompanied with circumstances of indecency
R v Court
Indecency means “Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”
