Questions One Flashcards
Liabilities
Sexual Violation by Rape - Section 128(1)(a) Crimes Act 1961
Sexual Conduct with a Child - Section 132(1) Crimes Act 1961
If a male has sexual intercourse with his 18 year old home stay student, is there any offence?
No offence committed
When is the offence of sexual grooming complete?
- When the offender intentionally meets the young person
- When the offender travels with intention of meeting the young person
- When the offender arranges for or persuades the young person 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 a transcript to the defence before preliminary hearing or defended summary hearing?
At least 7 days
Define “Sexual Connection”
a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of another person, or
ii) any object held or manipulated by another person
or
b) Any connection between the mouth or tongue of one person and any part of the genitals or anus of another
or
c) The continuation of any connection described in paragraphs a or b.
Define “Unlawful Sexual Connection”
Person a has unlawful sexual connection with person b if person a has sexual connection with person b
i) without person b’s consent to the connection, and
ii) without believing on reasonable grounds that person B was consenting to the connection
What is the defence under Section 134?
- Prior to the act, they had taken reasonable steps to ascertain that the young person was at least 16, and
- At the time of the act, they believed on reasonable grounds that the young person was at least 16, and
- The young person consented.
Name three circumstances where Police would remove a child from a household:
In cases involving:
- Serious Wilful Neglect
- Serious Physical Abuse
- Sexual Assault
- When a child is witness to a serious assault
- Any allegations made against a CYF career involving serious physical abuse
- Any allegations made against CYF staff or Police involving serious physical abuse
Section 195 Crimes Act 1961, What is necessary to prove criminal liability in failing to protect a child.
- The offence applies to members of the same household as the victim
- The offender must be 18 years or over
Before attending a Medical Examination, what should you explain to a 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:
- 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, possible outcomes of the examination
In what other ways can a witness 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 New Zealand or elsewhere (CCTV)
- By a video record made before the hearing of the proceeding (DVD)
What are the three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?
- The action of the abuse
- The injury inflicted, and
- The circumstances (factors of the case)
KNOWS (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the unlawful acts or omissions of another person; and
FAILS (actus reus) to take reasonable steps to protect the victim from that risk
Can a 16 year old female be charged with having sexual intercourse with a 14 year old male?
Yes
