Multi Choice

Question 1

If male has sexual intercourse with his 18 year old home stay student is there any offence?

Answer 1

No offences committed (18 yrs over not an offence of dependent family member)

Question 2

When is the offence of sexual grooming complete?

Answer 2

• When the offender intentionally meets the young person
• When the offender travels with intention to meet the YP\young person
• When the offender persuades or arranges the young person to travel with intention of meeting him/her

Question 3

When can a previous consistent statement be admitted?

Answer 3

As rebuttal evidence only

Question 4

Can a 17yr old uncle be charged with failing to protect a child?

Answer 4

No offenders must be from the same household (or very close to) and
must be over 18yrs

Question 5

How far out must a prosecutor give the transcript to the defence before preliminary hearing or
defended summary hearing?

Answer 5

At least 7 days

Question 6

Can a child aged 12yrs consent to intercourse?

Answer 6

The Court of Appeal held that it would only be in “ Exceptional and rare circumstances” that a child under 12 could give legal consent.

Question 7

Section 44(1) Evidence Act 2006

Answer 7

In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with permission of the judge.

Question 8

What 3 things must the crown prove in relation to an indecent assault?

Answer 8

• The defendant intentionally assaulted the victim
• The circumstances accompanying the assault were indecent
• The defendant intended the conduct that a reasonable person would find indecent

Question 9

When is the offence of sexual exploitation with a person with significant impairment complete?

Answer 9

Has sexual connection with the impaired person 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 impaired.

Question 10

In certain circumstances, the judge can ask the witness to state their address details, in
what circumstances will this occur?

Answer 10

• If the judge determines that they are directly relevant to the facts in issue and that to exclude
  them would be contrary to the interests of justice

Question 11

Proof of absence of an expressed consent is on its own insufficient to obtain a conviction on
a charge of sexual violation. What other factor must be established by the prosecution?

Answer 11

That the offender did not believe on reasonable grounds that the victim consented.

Question 12

What is the principal difference between Sec 128 and Sec 129A in relation to ‘consent
obtained by a threat’?

Answer 12

Sec 128 requires that the threat must be a threat of force

Question 13

18yr old boy having sex with 16yr old sister and know they are related? Arrest for incest. Can
you also charge the sister?

Answer 13

Yes, as 16yrs old and knew of the relationship

Question 14

In relation to sexual conduct with a child under 12 what applies?

Answer 14

consent is not a defence

Question 15

18yr old foreign student sleeping with male at the house to get use of car. He committed any
offence?

Answer 15

No offence

Question 16

At rape scene you freeze and assemble all present in adjoining unit, what next?

Answer 16

Contain the suspects and conduct prelim with victim

Question 17

John marries Mary who has a 16yr old daughter. John and daughter of Mary start having sex.
What offence John committed?

Answer 17

Sexual conduct with a dependant family member (sec 131(1)CA 61)

Question 18

Man attempts sex with unwilling 16yr old girl, unable to penetrate so uses beer bottle instead.
What charge?

Answer 18

Unlawful sexual connection (Sec 128(1)(b) CA 61)

Question 19

An urgent case of child abuse is classified as one where?

Answer 19

Reasonable grounds to suspect child is suffering or at risk but safe in the short term

Question 20

What are the three types of ASAI complaint types?

Answer 20

Acute, None Acute and Historic.