Practise Test A Flashcards
If a male has sexual intercourse with his 18 year old home stay student is there any offence?
No offence committed (18 years and over is not an offence)
When is the offence of sexual grooming, section 131B(1)(a), CA 61 complete?
- When the offender intentionally meets the young persons
- When the offender travels with the intentional of meeting the young person
- When the offender arranges or persuades the young persons to travel with the intention of meeting him or her
When can a previous consistent statement be admitted?
As rebuttal evidence only
How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing
At least 7 days
A child under 12 years can give consent in rare and exceptional circumstances?
R V COX - Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, thee circumstances that would justify that conclusion would be exceptional if not rare.
What are three (3) types of ASAI complaints?
- Acute
- Non acutre
- Historical
What is the principle difference between rape and unlawful sexual connection?
“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainants genitalia by the offenders penis.
To be guilty of attempted sexual violation, what must the Crown prove?
The Crown must prove that at the time of the Defendant’s conduct they:
- Tried to sexually violate the complaint, and
- The complainant did not consent to the intended sexual connection, and
- The defendant did not believe on reasonable grounds the the complainant was consenting.
In practice what is the best evidence that should be used as proof of a child’s age
R V Forest and Forest - The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
In practice, this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not be always possible.
What is the purpose of a preliminary interview?
The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to be determined.
- What further investigative actions are necessary
- Whether an offence may have occurred, and
- Whether the victim wishes to make a formal complaint.
A home stay student having sex with the father of the house on the premise that she could use the car whenever she liked.
(a) - no offence committed
(b) - Sexual violation by rape
(c) - Section 129 - sexual connection by coercion
Short answer
Define sexual connection - section 2 CA 1961
a) connection effected by the introduction into the genitalia or anus of one person otherwise than for a genuine medical purpose of:
(i) a part of the body of another person
(ii) any object held or manipulated by another person; or
(b) a connection between the mouth or tongue of one person and part of another person’s genitalia or anus; or
(c) the continuation of a connection of a kind as described in paragraph a or paragraph b
Define unlawful sexual connection s2
Person ‘A’ has unlawful sexual connection with person ‘B’
(i) with person “B’s” consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was consenting to the connection
Statutory Defence - Section 134A CA 61 What is the defendant
It is a defence to a charge under section 134 if the person charged proved that, -
a) before the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16; and
b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 ears; and
c) the young person consented
Discuss whether a 16 year old girl can be charged wth having consensua sex with a 14 year old boy?
Yes the girl can be charged as it is the offence of sexual conduct with a young person under 16 years old. Section 134(1) CA 61