Questions Flashcards
List the two main forms of sexual violation s128(1)
- Rape
- Unlawful Sexual Connection
Discuss the penalty provisions for sexual violation as set out in s128B CA61
s128B outlines that the punishment for sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction, unless there are special circumstances that justify a departure from the rule.
Define the term Genitalia
- Genitalia are the external organs of reproduction in males and females.
- As the term literally means the organs of generation, it doesn’t include pubic hair or breasts. It includes surgically constructed organs.
What is the definition of consent
Consent is a person’s conscious and voluntary agreement to something desired or proposed by another.
In negating consent, the Crown has to prove one of three things. List the three things
In proving that consent wasn’t present in a case of sexual violation, the Crown must prove that:
- the victim didn’t consent
- the victim’s consent wasn’t valid
- the defendant didn’t believe on reasonable grounds that the victim was consenting.
What 2 elements need to be proved in a charge of Assault with Intent to Commit Sexual Violation s129
The 2 elements to prove in a charge of assault with intent to commit sexual violation are that the offender:
• assaulted the victim, and
• intended to commit sexual violation.
Define sexual conduct with a child under 12
Sexual conduct with a child under 12 is:
• Sexual connection with a child
• Attempted sexual connection with a child
• Does an indecent act on a child.
Discuss the statutory defence for s134A – Sexual conduct with a young person under 16 years
This statutory defence applies only when:
• The person charged can show they took reasonable steps to establish the Y/P was 16 or over, &
• The person charged believed on reasonable grounds that the Y/P was 16 or over, &
• The young person consented.
Discuss whether a 16-year-old girl can be charged with having consensual 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 16yrs (s134 CA61).
Explain s44 of the Evidence Act 2006 - Evidence of sexual experience of complainants in sexual cases
Generally, no evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant, except with the permission of the Judge.
However, this is subject to the propensity rule - Evidence of the victim’s propensity to act in a certain way with the defendant, including sexually, may be offered as evidence but only if the judge grants permission.
Explain s87 of the Evidence Act 2006 in relation to the victim’s address
- Protects a witness from having to state their address and having questions put to them about it
- It Includes the street name and number, and the name of the town or community they live in.
- These details may be disclosed if the judge determines they’re directly relevant to the facts in issue and to exclude them would be contrary to the interest of justice.
List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regard to a witness giving evidence in an alternative way
A direction for a witness to give evidence in an alternative way, may be made on the grounds of:
• The age or maturity of the witness
• The witness’s fear of intimidation
• The trauma suffered by the witness
• The nature of the proceeding
• The nature of the evidence the witness is expected to give
• The physical, intellectual, psychological, or psychiatric impairment of the witness
• The linguistic or cultural background or religious beliefs of the witness
• The absence or likely absence of the witness from New Zealand
• Any other ground likely to promote the purpose of the Act.
Discuss the requirement under reg 28 of the Evidence Regulations 2007
Prosecutor to give transcript to defence after defendant pleads not guilty
• The prosecutor must ensure a typed transcript of a working copy is given to the defendant or their lawyer asap after the defendant has pleaded not guilty
• The typed transcript is to be prepared by the police
• The Court may adjourn the hearing to allow further time for the defendant to consider the transcript if subclause (1) has not been complied with.
List 3 ways under s105 that a witness may give evidence
The witness may give evidence:
• While in the courtroom but 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)
Who does ASA policy and procedures apply to?
All cases where the victim of the alleged offending is 18 or older at the time the complaint is made.
ASA - What are the 3 types of complaints
- Acute: 1 - 7 days
- Non-acute: 7 days - 6 months
- Historic: 6 months +
It is important to preserve trace evidence in sexual assault cases. List four things that victims should refrain from (where possible) before a medical examination
Remind the victim:
• No smoking
• No eating or drinking
• No going to the toilet (if necessary, use a tox kit to capture urine and ask them not to wipe)
• No washing or showering
• No changing clothes
List the points that you would cover with a victim to explain the medical forensic examination procedure
Explain to the victim:
• That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
• That the examination has potential health benefits and can help Police obtain evidence
• The expected time for the examination and, if appropriate, possible outcomes
• Ask if they have any concerns about the Dr’s gender and advise that you’ll do your best to accommodate their wishes.
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
- Conduct your dealings in a sensitive manner
- Accept they’re telling the truth unless there’s evidence to prove otherwise
- Listen to what they tell you, giving them an opportunity to tell their account in their own words, even to just vent their feelings
- Establish if they need Medical attention
- Treat them courteously
- Explain the process you’re following and why you need to follow it and ask certain questions
- Advise them of the local counselling services available.
List four Police responsibilities to victims and their rights
- All obligations under the Victims’ Rights Act 2002 must be met and all victim contact recorded
- Victims must be informed about the progress of the investigation within 21 days
- Victims must be informed of their right to register on the Victim Notification System - if s29 offence
- Victims must be informed of the outcome and the case closure. Ensure any property belonging to the victim is returned promptly.
Define “child abuse” as outlined in the Children, Young Persons and their Families Act 1989
Child abuse is defined as the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.
List the three areas to consider when determining seriousness of physical abuse
The 3 areas to consider when determining if physical abuse is serious and meets the threshold for a CPP referral:
* The Circumstances
* The Injury inflicted
* The Action of the abuse
3 circumstances where Police would remove a child from a household
- Sexual assault
- Serious physical abuse
- Serious wilful neglect
In relation to child abuse investigations, define what the term “child-centred time frames” means
- Child-centred time frames are time frames relevant to the child’s age and cognitive development.
- The younger the child the more vulnerable they are and therefore require a quicker response.
E.g. for a 5 y/o a week is a long time for an event to be recounted reliably. However, a 16 y/o would have less difficulty recalling the same event weeks later.
