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Sexual Offences Module > Multie Choice Q’s > Flashcards

Multie Choice Q’s Flashcards

1
Q

Can a child aged under 12 consent to sexual intercourse?

A

The court of appeal help that it would only be in “exceptional and rare circumstances” that s hold under 12 could legally give consent.

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2
Q

Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?

A

Yes, adoptive parents are defined as parents therefore this is incest.

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3
Q

At what age, is a complaint an “adult sexual assault” complaint?

A

When the complainant is 17 years or older at the time of making the complaint.

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4
Q

What three things must the crown prove in relation to Indecent Assault?

A

1- The defendant intentionally assaulted the complainant
2 - That the circumstances accompanying the assault were indecent
3 - That the defendant intended conduct that a reasonable person would find indecent.

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5
Q

What are the three time periods in relation to ASA?

A

Acute - Within 7 days
Non -acute - 7 days to 6 months
Historic - 6 + months

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6
Q

What is the Defence defined under section 134?

A
  • Prior to the act they has taken reasonable steps to ascertain that the YP was at least 16 and
  • At the time of the act , they believed on reasonable ground that the YP was at least 16 and
  • The YP consented.
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7
Q

What is the Act and Section of “Sexual Grooming” and when if the offence complete?

A

Section 131B Crimes Act 1961

  • Having met or communicated with a person under the age of 16 years on an earlier occasion, he or she take on the following actions:
  • Intentionally meets the YP
  • Travels with the intention of meeting the YP
  • Arranged for or persuades the YP to travel with the intention of meeting him of her.
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8
Q

Before attending a Medical Examination, what should you remind the Victim not to do?

A

Eat, shower, drink only water and avoid going to the toilet if possible.

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9
Q

When can a previous consistent statement be admitted?

A

As rebuttal evidence only

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10
Q

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

A

7 days

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11
Q

When would Police remove a child from a household?

A
  • When it is not Sade to leave hem there or you believe on reasonable ground that if left they will suffer or are likely to suffer ill treatment, neglect, deprivation, abuse or harm and
  • There is not other practical means for ensuring their safety.
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12
Q

Outline what is included as serious child abuse.

A

Sexual abuse
Serious wilful neglect
Serious physical abuse
Serious family violence where the child is a witness
All allegations made against a CYF approve caregivers involving serious child abuse
All allegations made against employees of CYF staff or Police involving serious child abuse

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13
Q

Can a 16 year old female be charge with having intercourse with a 14 year old male?

A

Yes

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14
Q

List three ways under section 105 that a witness may give evidence.

A

The witness may give evidence:

  • While in the courtroom but unable to see the defendant or some other specified person. (Screens) or
  • From an appropriate place outside the courtroom, either in New Zealand or elsewhere (CCTV) or
  • By a video record made before the hearing of the proceeding (Video Recording)
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15
Q

What is the primary objective of a medical examination?

A

To ensure the victims physical, sexual, mental health and safety.
Of secondary importance is the opportunity to collect trace evidence.

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16
Q

What should you explain to the Victim prior to attending a medical examination?

A

That the examination will be conducted by a medical forensics practitioner specially trained in examining victims of sexual assault.

The benefits of a full medical forensic examination including
- potential benefit to their physical, sexual and mental health
- how the examination can help police obtain evidence to apprehend the offender.

The expected time frame for the examination and, if appropriate, possibly outcomes of the examination

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17
Q

What are the three areas to consider in determining whether the physical abuse is serious nd meets the threshold or referral as a CPP case?

A

-The action of the abuse
- The injury inflicted
- The circumstances (factors of the case)

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18
Q

When interacting with Victims of sexual offences, what actions should you take to provide a safe and secure environment?

Acronym CALM TEA

A

C - Conduct dealings in sensitive and concerned manner
A - Accepts they are telling the truth until there is evidence of the contrary
L - Listen to what they have to say, allow them to give their own account, event if it is just to vent feelings
M - Medical Examination - establish wether they need to be taken foe a Med Exam

T - Treat them courteously
E - Explain the processes you are following and why you are following them, explain why you need to ask certain questions
A - Advise them of available counselling services

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19
Q

List some of the responsibilities that Police have to Victims.

A
  • All section 29 requirements are met
  • All victim contacts are recorded
  • Victim to be advised of investigation updates within 21 days
  • Victims must be given updates at all stages (whether it’s equity updates , or no further avenues etc)
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20
Q

What does Section 128B Crimes Act 1961 outline?

A

It states that punishment for Sexual Violation is a term of imprisonment not exceeding 20 yeas and imprisonment should be imposed upon conviction unless there are special circumstances that justify a departure from that rule.

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21
Q

List 5 grounds on which a direction can be made under Section 103(3) Evidence Act 2006 in regards to witness giving evidence in an alternate manner?

A
  • Age/ maturity of the witness
  • Trauma suffered by the witness
  • Witness fear of intimidation
  • Physical, Intellectual, psychological, psychiatric impairment of victim
  • Linguistic, cultural or religious background of witness
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22
Q

Explain section 144A Crimes Act 1961 (Sexual conduct with children outside NZ)

A

If you commit the following offences:
132(1)
132(2)
132(3)
134(1)
134(2)
134(3)
Outside of NZ you are liable to be arrested and charged upon returning to NZ.
However, the section of 144B states that in these cases, approval must first be given by the Attorney General to charge.

23
Q

Discuss regulation 28 of the Evidence Regulations Act 2007.

A

This regulation states that Police must provide a typed transcript of a video record to Defence as soon as practicable after the Defendant has plead not guilty.

24
Q

What three things need to be proven in regards to attempted sexual connection?

A

The Crown must prove that at this time of the Defendants conduct he:

  • Intended got 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 ground that the complainant was consenting
25
Q

What must the Crown prove in order to show the sexual connection was unlawful?

A

The complainant did not consent to the sexual act (Subjective test)
The offender did not believe the complainant was consenting (Subjective test)
If he did believe she was consenting, the grounds for such belief were not reasonable (Objective test)

26
Q

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

A

In proving that consent was not present in a case of sexual violation, the Crown must prove that.

  • The victim did not consent or
  • The victims consent was not valid or
  • The accused did not believe on reasonable ground that the victims was consenting.
27
Q

What is the primary difference between the force of application in 128 and 129?

A

Section 129(2) requires proof of an assault, ie use or threat of force. The assault need not be of an indecent nature provided it is done with the intention of, and for the purpose of committing sexual violation.

28
Q

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

A

No offence commented. 18 years and over is not an offence.

29
Q

Define sexual connection

A

A) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes.

Any part of the body of another person or

Any object held or manipulated by another person

Or

B)Any connection between the mouth of tongue or one person and any part of the genitalia or anus of another

Or

C)The continuation of any connection described in a or b.

30
Q

Define Unlawful Sexual Connection

A

Person A has unlawful sexual connection with person b if person A has sexual connection with person B

  • Without person B’s consent to the connection
  • Without believing on reasonable ground that person B was consenting to the connection
31
Q

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

A

Offenders must be from the same household or visit frequently
Must be over 18 years of age

32
Q

Define consent

A

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

33
Q

List 7 circumstances that do not constitute consent

A

Not offering physical resistance
Due to use of force , fear of force or threat of force
Asleep or unconscious
Affected by drugs or alcohol
Mental or physical impairment
Mistaken ID
Mistaken as to nature and quality of the act

34
Q

Before attending a MEK what should you remind the victim?

A

No eating or drinking
No going to the toilet
No washing or showering
No washing of hands or biting fingernails.

35
Q

List the two main forms of sexual violation

A

Rape
Unlawful sexual connection

36
Q

Explain Section 87(1) and 87(2) Evidence Act 2006

A

87(1) The precise particulars of a witnesses address may not without the permission of the judge be
a) the subject of any question to a witness or included in any evidence given or
b) included in any statement or remark made by a witness, lawyer or officer of the court or any other person

87(2) The judge must not grant permission unless satisfied that the question to be put, the evidence to be given or statement or remark to be made is of sufficient direct relevance to the facts in issue that its exclusion would be contrary to the interests of justice.

37
Q

Section 87(2) of the Evidence Act 2006 protects a witness from having to state their address and having questions put to them about that information, This includes not only the name and number of the street but also the name of the town or community the witness lived in. In certain circumstances s87, the judge can ask the witness to state their address details. In what circumstances will this occur?

A

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

38
Q

What is the act and section of Sexual Exploitation of person with significant impairment and when is the offence complete?

A

Section 138 CA 1961

A)Has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment.

B) Has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connecting by taking advantage of the impairment

39
Q

Define the title act section and ingredients of incest

A

Section 130 C A 1961

1) Sexual Connection is incest if:
A) it is between two people who’s relationship is that of, parent/child, sibling/half sibling, grand parent/ grandchild and
B) the person charged knowns of the relationship
2)Everyone 16 and over is liable (must be 16 or older)

40
Q

Outline the Title Act Section and legislation of “Attempted Sexual Violation”

A

Attempted Sexual Violation Section 129 CA 1961

Everyone who
Attempts to commit sexual violation is liable to a term of imprisonment not exceeding 10 years

41
Q

Explain Section 88(1) and 88(2) Evidence Act 2006

A

88(1) In a sexua case, except with the permission of the judge:
A) No question may be put to the complainant or any other witness and no evidence may be given concerning the complainants occupation AN

B) No statement to remark may be made in court by a witness, lawyer, officer of the court of any other person involved in the proceeding concerning the complainants occupation.

88(2) The judge must not grant permission unless satisfied that the question to be put, evidence to be given or the statement or remark to be made is of sufficient direct relevance to the facts i issue and its exclusion would be contrary to the interest of justice.

42
Q

Explain section 195A CA 1961 in relation to what is necessary to prove criminal liability for failing to protect a child..

A

Section 195A CA 1961 imposes criminal liability in some situations where it is known a child (or vulnerable adult) is at risk of harm but where no action is taken.

The offence applies to
- members of the same household as the victim
- People who are staff members of any hospital, institution or residence where the victim resides.

Criminal liability will arise if such a person has frequent contact with the child or vulnerable adult and.

  • Knows (mens rea) teh victim is at risk of death, grevious bodily harm or sexual assault as a result of teh acts or omissions of another person and
  • Fails (Actus Reus) to take reasonable steps to protect the victim from that risk.
43
Q

In certain circumstances in section 87 of the evidence act 2006 the Judge can ask the witness to state their address details. In what circumstances will this occur?

A

Where the judge is satisfied that the question to be put, the evidence to be given or statement or remark to be made is of sufficient direct relevance to the facts in issue that its exclusion would be contrary to the interests of justice.

44
Q

Explain section 129A (5) of the CA 1961 in relation to Sexual Connection with consent induced by certain threats:

A

(5) the kinds of threats referred to in subsection 3 and 4 a are -

A ) A threat that the person making the threat of some other person will commit an offence that

I) is punishable by imprisonment but
Ii) 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 (wether 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-

I) an occupational or vocational position held by the person making the threat
II) A commercial relationship persisting between the [erson making the threat and the person consenting

45
Q

Section 129A(5)

A

This section creates an offence of inducing someone to commit sexual connection in response to an implied or explicit threat that does not involve force. The nature of the threat is outlined in subsection 5

46
Q

What do we need to achieve in “The preliminary interview of the 12 point process of adult sexual assault policy and procedures

A

In most sexual assault cases investigations, a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine

  • What further investigative actions are necessary and
  • Whether an offence may have occured and
  • Whether the victim wishes to make a formal complaint
47
Q

List ingredients of Indecent Assault

A

A person
Indecently Assaults
Another Person

48
Q

Define the term genitalia

A

Genitalia are the external organs of reproduction in male and females. As the term literally means the organs of generation. It does not include the pubic hair or breasts. It also includes surgically constructed organs

49
Q

Discuss the two elements that need to be proved in a charge of Assault with intent to commit Sexual Violation, section 129 Crimes Act 1961

A

The two elements to be proved in the charge of attempt to commit sexual violation are that the offender:

  • Assaulted the victim
  • Intended to commit sexual violation
50
Q

Define sexual conduct with a child under 12

A
  • Sexual connection with a child
  • Attempted sexual connection with a child and
  • Does any indecent act on a child
51
Q

Define indecent act

A

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

52
Q

List four Police responsibilities to victims and their rights

A

Victim rights:

All obligation under the victims rights act 2002 must be met and all victim contact must be recorded

Victims must be given information about the progress of their investigation within 21 days

Victims must be kept updated and information of the outcome of the investigation including no further avenues of enquiry or the reason for charges not being laid

As soon as the offender is arrested and charged POlcie must determine whether it is a s29 offence. If so the victim must be informed of their right to register on the Victim Notification System (If the victim wishes to do so)

Victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly

53
Q

In relation to child abuse investigations define what the term “child centred timeframes” means

A

Timeframes that are relevant to the child’s age and cognitive development. The younger tthe child the more vulnerable they are and therefore they require a quicker response .

Example for a 5 year old a week is a very long time for an event to be recounted with reliability however a 16 year old would have less difficulty recalling the same event several weeks later

54
Q

Under section 131A of the Crimes Act 1961, what is the definition of a dependant family member?

A

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 to

Ii) a parent, step parent or foster parent of a person describes in (i)

Iii) a child of his or her parent or step parent or

Iv) the spouse or defacto partner of a person described in sub paragraph (i) or (ii) or (iii)

B) If they are members of the same family, whanau or other culturally recognised family group an the other person -

(I) is not a person referred to in paragraph (a) but

(Ii) has a responsibility for or significant roles in his or her care of upbringing or

C) if he or she is living with the other person as a maker of the other persons family an the other person is not a person referred to in paragraph (A0 but has -

I) power or authority over him or her and

(Ii) a responsibility for, or significant role in, his or hr care or upbringing

Sexual Offences Module (3 decks)

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