Brainscape's Knowledge GenomeTM

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


See full index

Sex Offences > Miscellaneous > Flashcards

Miscellaneous Flashcards

1
Q

Rape

A

Non-consensual penetration of genitalia by penis

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

Sexual Connection

A

Connection effected by the introduction into the genetlia or anus of one person, otherwise than for genuine medical purposes

  • Body parts of another person
  • Objects held/manipulated by another person
  • Connection of the mouth or tongue of one person and a part of another persons genetalia or anus
  • Continuation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q
  • Unlawful Sexual Connection *
A

If Person A has a sexual connection with Person B:

  • Without Person B’s consent
  • without believing on reasonable grounds that Person B was consenting to the connection
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Penetration

A

The extent of penetration is not relevant, any degree of penetration is sufficient.

Therefore if a part of the offenders body or an object is held or manipulated between he complainants labia to the slightest degree, it will constitute penetration for the purpose of sexual violation.

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

Intent

A

Doing a ‘Deliberate Act’ to get a ‘Specific Outcome’

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

Genitalia

A

External organs of reproduction - literally ‘Organs of generation’. Includes penis and testicles of a male and vagina and vulva of a female. Does not include pubic hair or breasts.

Includes transgender surgically constructed/reconstructed genitalia.

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

Continuation

A

Sexual activity commenced consensually but consent is later withdrawn and the act continues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q
  • Indecent Act *
A

An act accompanied by circumstances of indecency.

An act is indecent when it has sexual connotations and involves conduct directed at a person that offends public moral values.

Where the act is non-consensual or where a child’s consent is not legally valid, offender has committed indecent assault.

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

Attempts

A
  • Intended 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
10
Q
  • Incest *
A

Consent is not a defence to the charge as both parties need to be consenting.

If a child is adopted legally by one parent, the other parent cannot be charged although they are still liable to s131. Step relationships do not fall under Incest.

Each party over 16 years of age is liable as a principal offender.

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

Significant Impairment

A

Intellectual, mental, physical condition or impairment that affects a person to such an extent that it significantly impairs persons capacity:

  • to understand the nature of the sexual conduct
  • to understand the nature of decisions of sexual conduct
  • to forsee the consequences of decisions of sexual conduct
  • to communicate decisions of sexual conduct
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q
  • Dependant Family Member *
A

A person is a dependant family member of another if the other person has power or authority over and is:

  • Parents, step-parents, foster parents, guardian, uncles and aunts.
  • Grandparents, step-grandparents, foster grandparents
  • Siblings
  • Spouse, or de-facto partner of anyone mentioned above
  • A member of the same family, whanau, or other culturally recognised family group and has a responsibility for, or a significant role ins or her care or upbringing
  • Guardian includes by virtue the Guardianship Act 1968 or the CYFS Act 1989, and former guardians
  • Anyone else who has a responsibility for, or significant role in his or her care or upbringing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q
  • Consent *
A

A conscious and voluntary agreement to something desired or proposed by another. Consent is relevant at the time of the act.

May be given reluctantly or hesitantly and regretted afterward, if consent given in such a manner, provided it is without fear of force, then the sexual connection would not amount to rape.

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

Subjective / Objective Consent Test

A

Subjective

  • Complainant did not consent
  • Defendant did not believe complainant was consenting

Objective
- If defendant did believe complainant was consenting, the grounds for belief were not reasonable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q
  • Invalid Forms of Consent (S 128A) *
A
  • Lack of protest or physical resistance
  • Force, threat or fear of force
  • Asleep or unconscious
  • Affected by drugs and alcohol
  • Intellectual, mental or physical impairment
  • Mistake as to identity (made by the complainant submitting to the sexual connection, not the defendant)
  • Mistake as to nature and quality of act (Limited to the physical character of the sexual connection)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Consent of a Child

A

Distinction must be drawn between a child who is compliant and who is truly consenting, This will depend on the circumstances.

A 10/11 year olds may know what sexual intercourse is but due to their age and stage of sexual development, they will not understand the significance of the act.

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

Relevant Elements in All Sexual Offences

A
  • Penetration / act occurred without complainants consent
    AND
  • Without the defendant believing on reasonable grounds that the complainant was consenting
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Attempted Sexual Violation

A

Intends to sexually violate the victim and takes step towards doing so, but full offence is not committed. Must have progressed past the stage of preparation and started a process intended to lead to the commission of the full offence.

19
Q

Rape Liabilities

A
  • Consent (Lack of)
  • Penetration
  • Genetalia
  • Intent
20
Q

Considerations for filing a charge of Assault with Intent to Commit Sexual Violation

A
  • Where the defendant assaults the victim, intent on having intercourse, and to obtain the victims consent for that
  • As an alternative charge to attempted violation when proximity between assault and completion of the intended sexual violation is an issue
21
Q

Sexual Conduct by Coercion

A

Everyone who has sexual connection or does an indecent act, knowing that the person has been induced to consent to the connection by threat is liable to imprisonment of 14 years or 5 years respectively.

22
Q

Inclusion of 1A within ‘Grooming’ legislation

A

Includes reference to a Constable pretending to be a young person under the age of 16 years old, if the offender, when taking any of the actions described, believed that the fictitious young person was a young person under the age of 16 years

23
Q
  • When is the Offence of Sexual Grooming Complete *
A
  • when the offender intentionally meets the young person
  • when the offender travels with intention of meeting the young person
  • when the offender arranges for or persuades the young person to travel with the intention of meeting them
24
Q

Sexual Conduct with Children & Young Persons Outside NZ - Provisions (S 144A CA 1961)

A
  • Any offence under sections 132 & 134
  • Offence against section 23(1) Prostitution Reform Act 2003

Charging document cannot be filed without consent of the Attorney General.

25
Q

Making an Intimate Visual Recording

A

Intentionally or recklessly makes an intimate visual recording of another person.

Defendant must have made a recording, requires absence of consent and intended to make the recording (was reckless to).

26
Q
  • Difference Between Rape and U/L Sexual Connection *
A

Rape is a specific form of sexual violation that involves the non-consensual penetration of the complainants genitalia by the offenders penis.

Unlawful sexual connection has a wider meaning and includes any form of non-consensual penetration or oral connection with a persons genitalia or anus

27
Q

Intent - Assault With Intent to Commit Sexual Violation

A

The assault may arise in the hope that the complainant will change their mind and consent or intending to commit rape or sexual connection regardless of whether the complainant changes their mind.

If defendant is only trying to change the complainants mind, they are liable for assault our indecent assault. If defendant is determined to commit SV and the assault is merely preliminary, they are liable for attempted SV or assault with intent to commit SV, depending on the proximity between the act and the intended offence

28
Q

Circumstantial Evidence

A
  • The offenders actions and words before, during or after the event
  • The surrounding circumstances
  • The nature of the act itself
29
Q
  • Proof of Age *
A

Crown to Prove complainants age at the time of the alleged offence.

Birth certificate in conjunction with independent evidence that identifies the complainant as the person named in the certificate. Ideally from a parent.

R v Forrest & Forrest

30
Q

When Age of Complainant in Doubt

A

s134 is primarily aimed at 12-15yrs, it overlaps with s132 in that it covers any person under the age of 16yrs.

To avoid the risk of acquittal in cases where the precise age of the complainant at the time is in doubt, charges may be filed under both s132 and s134 or if necessary, under s134 only.

31
Q

What must be proved in Sexual Violation cases

A

Intentional act of offender having sexual connection with victim

  • Victim did not consent
  • Offender did not believe victim consented
  • If he did believe she was consenting, the grounds of the belief were not reasonable
32
Q
  • Proving penetration *
A

Introduction into and penetration are synonymous. Even the slightest insertion is sufficient. Can be proved through:

  • Complainants evidence
  • Medical examination (physical evidence and DNA)
  • Defendants admissions
33
Q
  • Proving Indecent Assault *
A
  • Defendant intentionally assaulted victim
  • Circumstances accompanying assault were indecent
  • Defendant intended conduct that a reasonable person would find indecent

When the issue of consent is raised:

  • Victim did not consent to the assault
  • Defendant did not honestly believe the complaint was consenting
34
Q

In negating consent, Crown must prove one of three things

A
  • The victim did not consent, OR
  • The victims consent was not valid, OR
  • The accused did not believe on reasonable grounds that the victim was consenting
35
Q
  • Proving Sexual Exploitation of Person with Significant Impairment / When the Offence is Complete *
A
  • Has sexual connection / does indecent act knowing that the impaired person is a person with a significant impairment

AND

  • has obtained the impaired persons acquiescence in, submission to, participation in or undertaking of the connection by taking advantage of the impairment
36
Q

Acceptable Corroboration Under the Evidence Act 2006

A
  • Defendants silence
  • Victims distressed condition
  • Victims ability to describe a scene
  • Defendants Statement
  • Defendants Lies
37
Q

No Legal Spouse Defence

A

S 128 (4) - there is no legal defence when a spouse sexually violates their spouse just because the couple are legally married

38
Q
  • Defence for S 134 - Sexual Conduct With a Young Person Under 16 *
A

Defendant must prove at the time of the offence:

  • They had taken reasonable steps to ascertain that the young person was at least 16 years old
  • They believed on reasonable grounds that the young person was at least 16 years old
  • The young person consented
  • No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act.
39
Q

Defence to Grooming

A

S 131B(2) - The defendant to prove that:

  • They took reasonable steps to find out whether the young person was of or over the age of 16yo
  • They believed on reasonable grounds that the young person was of or over the age of 16yo
40
Q

Defence to Indent Assault

A

Consent is a defence involving adults, however not under s 132 or s 134

41
Q
  • When can a Previous Consistent Statement be Admitted? *
A

As rebuttal evidence only

42
Q
  • Elements required to be proved in a charge of Assault With Intent to Commit Sexual Violation *
A
  • Assaulted the victim,

- Intended to commit sexual violation

43
Q
  • Explain S129A(5) CA 1961, in Relation to Sexual Conduct With Consent Induced by Certain Threats *
A

The kinds of threat referred to in subsections (3) and (4)(a) are -
(a) a threat that the person making the threat or some other person will commit an offence, punishable by imprisonment BUT does not involve the actual or threatened application of force to any person, AND

(b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made, AND
(c) a threat that the person making the threat 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.

Sex Offences (6 decks)

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