Other

Question 1

What is the penalty for sexual violation by rape/UL SC

Answer 1

20 years

Question 2

What must be proved for sexual violation?

Answer 2

• There was intentional act by the offender
• The complainant did not consent
• The offender did not believe the complainant was consenting
• If the offender did believe she consented, those ground were not reasonable.

Question 3

Is it a defence to sexually violate someone if they are your spouse?

Answer 3

No - Under 128(4)

Question 4

What are 3 ways to prove penetration?

Answer 4

• The complainants evidence
• Medical examination, including physical injuries and DNA evidence
• The Defendants admissions

Question 5

Subjective Test v Objective Test

Answer 5

The crown must prove that:
- The complainant did not consent to the sexual act (a subjective test) and
- The offender did not believe the complainant was consenting (a subjective test) or
- If he did believe she was consenting, the ground for such belief were not reasonable (objective test)

Question 6

What is the subjective test?

Answer 6

Whether or not the complaint was consenting

What was the complaining thinking at the time?

Crown must prove complainant was not consenting

Then, whether the defendant believed she was consenting

What was the defending thinking at the time?

Question 7

Objective test

Answer 7

What would a reasonable person have believed if placed in the same position as the defendant?

(R v Gutuama)

Question 8

Section 128A main points

Answer 8

Does not amount to consent if
1. They dont protest or resist
2. If they allow it due to force, threat or fear
3. Asleep or unconsious
4. impaired by alcohol or drugd
5. impaired by intellectual, mental or physical condition
6. Mistake about who the person is
7. Mistaken about nature and quality.

Question 9

What must an be proven in relation to attempts for 129(1) Attempts to commit sexual violation?

Answer 9

To be guilty of an attempt to commit an offence a person must:
- Intent to commit the offence
- Take a real and substantial step towards achieveing that aim

Question 10

What needs to be proven for attempts?

Answer 10

• Mens rea
• Actus Reas
• Sufficiently proximate

Question 11

What is the mens rea element for assault with intent to commit sexual violation?

Answer 11

It must be proved that:
- there was intent to have sexual connection with the complianant
- The complainant did not consent to the sexual connection
- The defendant did not believe on reasonable grounds that the complinant was consenting

Question 12

Discuss section 132(4) of the Crimes Act in relation to a defence of sexual conduct with a child

Answer 12

It is not a defence to a charge that the person believed that the child was of or over the age of 12 years

Question 13

Discuss section 132(5) of the Crimes Act in relation to a defence of sexual conduct with a child

Answer 13

It is not a defence to a charge under this section that the child consented

Question 14

Age of a child under section 132

Answer 14

Child means person under the age of 12 years

Question 15

What are the statutory defences for section 134? (sexual conduct with a YP)

Answer 15

It is a defence if the person charges proves that:
- Before the act, he or she took reasonable steps to find out whether the young person was of or over 16
- He or she believed on reasonable grounds that the YP was of or over 16
- The young person consented

Question 16

Under section 134, can two 15 year olds be charged with the offence?

Answer 16

Yes if they are under 16 both parties commit the offence. However if one is 15 and one is 16 then only the 16 year old commits the offence

Question 17

Discuss section 129A of the Crimes Act

Answer 17

Sexual conduct with consent induced by certain threats

1) liable if sexual connection knowing person is induced to consent by threats

2) does indecent act knowing person is induced to consent by threats

5) threats are:
- threat of offence punishable by imprisonment
- does not involve the actual or threatened application of force
b) A threat that he or someone else will make accusation or disclosure about misconduct that will damage the reputation of the victim
c) Threating their occupational or vocational position or commercial relationship.

Question 18

Can you charge incest if there is no consent from a party?

Answer 18

No - incest is WITH consent, otherwise it would be sexual violation

Question 19

Are adopted parents included in incest?

Answer 19

Yes but not step parents

If only one parent adopts, the other spouse is not an adoptive parent so cannot be charged with incest

Question 20

Defence for meeting young person following grooming

Answer 20

Under 131B(2), it is a defence to charge under subsection(1) if the person charged proves that
- he or she took reasonable steps to find out whether the young person was or of the age of 16
- At the time he or she took the action, he or she believed on reasonable grounds that the young person was of or over the age of 16

Question 21

When is grooming complete?

Answer 21

When the parties meet or the defendant travels or makes arrangements to meet the complainant with the relevant intent.

Question 22

Discuss bestiality and indecency with an animal

Answer 22

Section 143
- 7 years for commiting bestiality
- Offence is complete upon penetration

Section 144
- 3 years for commiting any indecent act with an animal

Question 23

Discuss section 44 of the Evidence Act 2006

Answer 23

Generally, no evidence or questions (without judges permission) can be put to the complainant about their sexual experience with any person other than the Defendant.
- Does not apply if Defendant is a party to as there will need to be relation to the person who had the sexual experience.

Question 24

Discuss section 87 and 88 of the Evidence Act 2006

Answer 24

87 - This section protects a witness from having to state their address and having questions put to them about that information. Includes town or community.

88 - Same thing above for their occupation

Question 25

Discuss section 121 of the Evidence Act

Answer 25

The complainants evidence does not need to be corroberated.

Question 26

What are grounds in which evidence can be given in an alternative way under section 103(3) of the evidence act?

Answer 26

• Age or maturity of the witness
• Physical, intellectual, psychological impairement
• trauma
• fear of intimidation
• cultural or religious beliefs
• nature of proceeding or evidence
• absence from NZ

Question 27

Discuss requirement under regulation 28 of evidence regulations 2007

Answer 27

Prosecutor to give transcript to defence after defendant pleads not guilty
- Transcript to be prepared by Police

Question 28

List three ways witness may give evidence under section 105 of the evidence act

Answer 28

• Behind screen
• Outside of courtroom via camera
• By video recording made before the hearing