Questions Others Flashcards
List the two forms of sexual violation
- Rape
- Unlawful sexual Connection
Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961.
Section 128B of the Crimes Act 1961 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’.
In proving that consent was not present in a case of sexual violation, the Crown must prove that:
− The victim did not consent, or
− The victim’s consent was not valid, or
− The defendant did not believe on reasonable grounds that the victim was consenting.
In negating consent, the Crown has to prove one of three things. List the three things.
Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation, it does not include pubic hair or breasts. It also includes surgically constructed organs.
Discuss the two elements that need to be proved in a charge of Assault with Intent to Commit Sexual Violation, section 129 Crimes Act 1961.
The two elements to be proved in the charge of assault with intent to commit sexual violation are that the offender:
− Assaulted the victim, and
− Intended to commit sexual violation.
What is the definition of ‘consent’?
“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.
Define ‘sexual connection’.
Sexual connection means–
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of—
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).
Discuss the statutory defence for s134A – sexual conduct with a young person under 16 years.
There is a statutory defence for sexual conduct with a young person (s134A). This statutory defence applies only when:
− The person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
− The person charged believed on reasonable grounds that the young person was aged 16 or over, and
− The young person consented to that sexual connection.
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; and
− Does an indecent act on a child.
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 16 years (s134 Crimes Act 1961).
Define ‘indecent act’.
‘Indecent act’ is generally accepted as an act accompanied by circumstances of indecency.
Indecent acts are usually consensual acts. In age-specific sexual offences, doing an indecent act with a child or young person can also include indecently assaulting that child or young person.
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.
Under s103(3):
(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—
(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 witness’s fear 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 New Zealand
(j) any other ground likely to promote the purpose of the Act.
Discuss the requirement under reg 28 of the Evidence Regulations 2007.
Under reg 28:
Prosecutor to give transcript to defence after defendant pleads not guilty
(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendant’s lawyer as soon as practicable after the defendant has pleaded not guilty.
(2) The typed transcript is to be 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 subclause (1) has not been complied with.
List three ways under s105 that a witness may give evidence.
The witness may give evidence:
(i) while in the courtroom but unable to see the defendant or some other specified person; (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) by a video record made before the hearing of the proceeding. (video recording)
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 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.