Practice Questions

Question 1

List the two main forms of sexual violation

Answer 1

The two forms are sexual violation are rape and unlawful sexual connection.

Question 2

Discuss the penalty provisions for sexual violation as set out in S128B CA 1961

Answer 2

S128B CA 1961 outlines the punishment for sexual violation is a term of imprisonment not exceeding 20 years.
Imprisonment should always be imposed on conviction unless there are special circumstance that justify a departure from the rule.

Question 3

Define the term genitalia

Answer 3

Genitalia are the external organs reproductive organs in males and females analogous to the naturally occurring organs. It does not include the pubic hair or breasts. It also includes surgically constructed and reconstructed organs.

Question 4

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

Answer 4

Proving consent in sexual violation cases.
- the victim did not consent.
- the victims consent was not valid
- the accused did not believe on reasonable grounds that the victim was consenting.

Question 5

Discuss the two elements that need to be proved in a charge of assault with intent to commit sexual violation (S129)

Answer 5

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

Question 6

Discuss the statutory defence for S134A sexual conduct with a young person under 16 years

Answer 6

The statutory defence only applies when:
- the person charged can show they took reasonable steps to establish the young person was aged 16 or over.
- the person charges believed on reasonable grounds the young person was aged 16 or over.
- the young person consented to the sexual connection.

Question 7

Define sexual conduct with a child under 12

Answer 7

Sexual conduct with a child under 12 is:
- sexual connection with a child
- attempted sexual connection with a child
- does an indecent act in a child

Question 8

Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy.

Answer 8

Yes, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (S134).

Question 9

Define indecent act

Answer 9

Indecent is generally accepted as an act accompanied by circumstance of indecency.

Question 10

List three grounds on which a direction can be made under S103(3) of the Evidence Act 2006 in regards to a witness giving evidence in an alternative way.

Answer 10

A) the age or maturity of the witness.
B) the physical, intellectual, psychological or psychiatric impairment of the witness.
C) the trauma suffered by the witness.
D) the witnesses fair of intimidation.
E) the linguistic or cultural background or religious beliefs of the witness.
F) the nature of the proceeding.
G) the nature of the evidence that the witness is expected to give.
H) the relationship of the witness to any party to the proceeding.
I) the absence or likely absence of the witness from NZ
J) any other ground likely to promote the purpose of the act.

Question 11

Discuss the requirement under reg28 of the Evidence Regulations 2007.

Answer 11

Prosecutor to give transcript to defence before preliminary hearing or defended summary hearing.
1) the prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendants lawyer.
A) if there’s a preliminary hearing at least 7 days before the date on which a video record is given in evidence at a preliminary hearing.
B) if the defendant is to be tried summarily, as soon as is reasonably practicable after the defendant has pleaded not guilty.
2) the typed transcript is prepared by the Police.
3) the Court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that su clause (1) has not been complied with.

Question 12

List three ways under S105 that a witness may give evidence.

Answer 12

The witness may give evidence:
- while in the court room if unable to see the defendant or some other specified person (screens).
- from an appropriate place outside the courtroom either in NZ or elsewhere (CCTV).
- by a video record made before the hearing of the proceeding (video recording).

Question 13

It is important to preserve trace evidence in sexual assault cases.
List four things that victims should refrain from before medical examinations.

Answer 13

Remind the victim:
- no eating or drinking.
- no going to the toilet (if necessary use a toxicology kit to capture urine and ask the female victim not to wipe)
- no washing or showering
- no washing of hands or biting fingernails.

Question 14

List the points that you would cover with a victim to explain the medical forensic examination procedure.

Answer 14

Explain to the victim:
- that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault.
- the benefits of a full medical forensic examination including: the potential benefit to their physical, sexual and mental health.
How the examination can help Police obtain evidence to apprehend the offender.
- the expected time for the examination and if appropriate, possible outcomes of the examination.
- ask the victim if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your bets to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue and indicate preference for examination by a female).

Question 15

When interacting with victims of sexual offences, what actions should you take to provide a safe and secure environment in which they may regain some control of their lives.

Answer 15

• conduct your dealings in a sensitive and concerned manner.
• accept they are telling the truth until/unless there is evidence to prove the contrary.
• listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
• establish whether they require medical attention.
• treat them courteously.
• explain the process you are following and why you need to follow that process and ask certain questions.
• advise them if the local counseling services.

Question 16

List the three areas to consider when determining seriousness of physical abuse.

Answer 16

There are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for the referee as a CPP case under the protocol:
- the action of the abuse
- the injury inflicted
- the circumstances

Question 17

List four Police responsibilities to victims and their rights.

Answer 17

• all obligations 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 with 21 days.
• victims must be kept updated and informed 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 Police 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 outcomes of the case and case closure. Ensure any property belonging to the victim is returned promptly.

Question 18

Incest - consent

Answer 18

Consent is not a defence to invest.
The offence is commuted with consent of both parties.

Question 19

S129A(5)- threats relating to assault with intent to commit SV

Answer 19

A) threat theyll commit sexual violation. It does not involve the threat being completed.
B) type of threat that will damage a reputation of the victim.
C) the person making the threat is an employer.

Question 20

Keys factors in incest

Answer 20

The offender must be 16 or over.
The offender must have knowledge of the relationship.

Question 21

What the prosecution must prove in a indecent assault -

Answer 21

-the defendant intentionally assaulted the complainant (subjective).
-the circumstances accompanying the assault were indecent (subjective).
-the defendant intended the conduct that a reasonable person would find indecent (objective).

Question 22

S134A - Statutory defence against S134

Answer 22

-the defendant took reasonable steps to ascertain the victims ages before the time of sexual activity.
- they believed the victim was of or over the ages of 16 years at the time of sexual activity.
- the young person consented.

Question 23

S103 - name four grounds on which direction can be made for a witness to give evidence in an alternative way.

Answer 23

1. The age and maturity of the witness.
2. The trauma suffered by the witness.
3. Cultural and religious beliefs of the witness.
4. The nature of the proceeding.
5. Fear of intimidation.
6. The relationship between the witness and the defendant.

Question 24

Discuss the requirement under Reg28 of the Evidence Regulations 2007.

Answer 24

A transcript of the witnesses video evidence must be given to the defendant and their lawyer as soon as they have entered a not guilty plea.

Question 25

List three ways a witness may give evidence under S105.

Answer 25

-behind a screen in the courtroom, unable to see the defendant.
-Via AVL in a place outside the courtroom in NZ or elsewhere.
-by video recording made before the hearing.

Question 26

List four things that victims should refrain from before a medical examination.

Answer 26

• no eating or drinking.
• no washing or showering.
• no washing hands or biting fingernails.
• no going to the toilet (if necessary use a toxicology kit to capture urine and ask the female victim not to wipe).

Question 27

When dealing with victims of sexual offences, what actions should take to provide a safe and secure environment in which they can regain some control of their lives?

Answer 27

C- conduct your dealings in a sensitive manner.
A- accept they are telling the truth unless there’s evidence to prove contrary.
L- listen to what they tell you, giving them the opportunity to tell their account in their words, even to just vent their feelings.
M- medical attention if required.
T- treat them courteously.
E- explain the process you are following and why you need to follow the process and ask certain questions.
A- advise them of the local counseling services available.

Question 28

List three areas to consider when determining “seriousness of physical abuse”?

Answer 28

1. The action of the abuse.
2. The injury inflicted.
3. The circumstances of the case.

Question 29

List four responsibilities to victims and their rights?

Answer 29

1. All obligations under the victims rights act must be met and all victim contacts must be recorded.
2. Victims must be given information about the progress of their investigation within 21days.
3. Victims must be kept updated of the outcome of the investigation including when there’s no further lines of enquiry.
4. If S29 the victim must be informed of their right to register on the VNR.
5. Victims must be informed of the outcome of the case and when it’s filed.

Question 30

Define child abuse?

Answer 30

The physical, emotions or sexual harming, Ill treatment, abuse, neglect or deprivation of any child or young person.

Question 31

Define child centered timeframes

Answer 31

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

Question 32

What must be proved an indecent assault charge?

Answer 32

1. The defendant intend to assault the complainant.
2. The circumstances that accompanied the assault were indecent.
3. The defended intended the conduct that a Reasonable person would consider indecent.

Question 33

What is not a defence in a charge of sexual conduct with a child?

Answer 33

1. It is not a defence that the defendant believed the child was over 12.
2. It is not a defence that the child consented.

Question 34

Proving penetration

Answer 34

1. The victims evidence.
2. Medical examination.
3. Defendants admissions.

Question 35

What must be proved in sexual conduct with a dependent family member?

Answer 35

1. The defendant is a aunt, uncle, step parent, parent, guardian or care giver, someone that has regular care of the victim or a significant role in their upbringing.
2. The defendant has power or authority over the victim.

Question 36

In S131B - meeting a young person for sexual grooming when is the offence complete?

Answer 36

1. When the parties meet.
2. The defendant travels to meet the young person.
3. The defendant makes arrangements to meet the young person.
4. Includes a Constable pretending to be a young person.

Question 37

Defence to S131B - meeting a YP following sexual grooming.

Answer 37

1. Taking reasonable steps to establish age
   AND
2. At the time of taking the steps, believed on reasonable grounds they were one 16 years.

Question 38

S138 - Sexual exploitation of a person with a significant impairment

Answer 38

A). The defendant has sexual connection or does an indecent act with an impaired person (mentally, physically or intellectually impaired)
AND
B). Has obtained the impaired persons reluctant consent or advantage of the impairment.

Question 39

S138(3) - when is the offence complete for sexual exploitation of a person with a significant impairment.

Answer 39

1. Knowing the victim is impaired.
2. Exploiting the impairment to get participation.

Question 40

S216H - Prohibition on making an intimate visual recording and what is to be proved

Answer 40

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

To be proved:
1. The defendant made a recording without consent of the victim.
2. The defendant intended to make such a recording or was reckless in making the recording.