Scenarios Flashcards
two men in a cell and one punches the other in the head to make him give him a blow job. Eventually he gives up punching him and goes to sleep.
S129(2) - Assault with intent to commit sexual violation
A person
Assaults another person
With intent to commit sexual violation of the other person
11 year old girl on a school camp, has a shower, and 15 year old boy reaches under her towel and touches her bottom and inner thighs.
S132(3) - Sexual conduct with a child, indecent act
A person
Does an indecent act with
A child
female presents at hospital and gives birth, her father is there as a support person. The child goes to icu and the nurse walks in on the female and her father kissing in bed. The female admits to police she has been in a sexual relationship with her dad for a year and that the child is his.
S130 - Incest
A person
Has sexual connection
WIth another person
Jill, aged 17 years, and Grant, her step father, aged 35 years reside in the same household with
Jill’s mother and younger brother.
Jill and Grant have consensual sexual intercourse.
S131 - Sexual conduct with dependant family member
A person
Has sexual connection
With a dependant family member
Under the age of 18
Sarah, an adult is forcibly held down by Mike who inserts a bottle into her anus. Sarah is not
consenting. What offence is this and what is the maximum sentence? Include the act and section.
S128(1)(b) - Sexual violation by unlawful sexual connection
A person
Has unlawful sexual connection
WIth another person
20 years
Bruce has a fetish for anal sex. He goes to Janine, a local prostitute and pays for sex. During his
session he tells Janine that he also wants anal sex. Janine refuses and tells Bruce that she does
not offer that service. Bruce becomes enraged. He throws Janine to the ground and has anal sex
with her. Janine struggles violently but is unable to stop Bruce.
S128(1)(b) - Sexual violation by unlawful sexual connection
A person
Has unlawful sexual connection
WIth another person
Bruce introduces his penis (a part of his body) into Jills anus when he has anal sex with her. Jill’s lack of
consent is demonstrated with her saying no she doesn’t offer that service and her violent struggle to try and
stop Bruce. There is no way Bruce can have reasonably thought Jill was consenting given that she said no,
struggled violently, and he had to throw her to the ground to achieve his aim. Jill is the other person and the
victim in the matter
Dolores is a very mature 15 year old who has been sexually active for some time. She has found
that a lot of older men are attracted to her so she utilises this to make some money.
One day she meets David at the local public toilets. They go into a cubicle together and Dolores
gives David a blow job. Once they are finished David pays Dolores $20.00 and they leave.
S134(1) - Sexual conduct with a young person
A person
Has sexual connection
With a young person
David is a person. In giving David a blow job there is connection between his genitals (in this case penis) and
her mouth and tongue. This constitutes sexual connection under s 2(b) Crimes Act 1961. Jane is under the age
of 16 (being 15 years) and is therefore a young person.
Dion is a 17 year old drop out who likes to hang around school aged girls. He forms a relationship
with Mary who is 14 years old. Mary is very ‘worldly’ and has had other sexual partners. At the
weekends they often go down to the local reserve where they have consensual sex.
S134(1) - Sexual conduct with a young person
A person
Has sexual connection
With a young person
Dion is a person and the offender in this matter. Consensual sex between Mary and Dion involves Dion’s penis
(a part of his body) penetrating Mary’s vagina (her genitals). This constitutes a connection under section
2(b). Mary is aged 14 years. She is the victim in this matter and a ‘young person’ for the purposes of section
134 because she is under 16
Tony and Tim are at the local public swimming pool. They each take turns at swimming up
behind adult female swimmers and putting their hands down the front of the female swimmers
bikini bottoms, feeling their pubic hair and then swimming off.
S135 - Indecent assault
A person
Indecently assaults
Another person
Tony and Tim are persons and the offenders in this matter.
They have committed the act of assault by intentionally swimming up behind the females and directly
applying force to them in putting their hands down their bikini bottoms and touching their pubic areas. By
touching the females pubic hair the act of the assault has sexual connotations and involves conduct directed
at the females that is offensive to public moral values. Right thinking people would consider this act an affront
to the sexual modesty of the victims. The female swimmers are people and the victims in this matter.
Mike and Millie have been friends since primary school. Now in their late teens they still hang out
when they can. One night while lying on the couch watching a movie together Mike slowly
manoeuvres his hand onto Millie’s stomach. His fingers slowly creep down to Millie’s underwear.
She grabs his hand and pulls it back up telling Mike to stop. Mike tries again and manages to get his
fingers inside her underwear touching her pubic hair. Millie grabs his hand and tells him to not ruin
their friendship and that she considers him like a brother not a lover. Mike by this stage is turned
on and ignoring Millie’s protest pulls of her underwear and climbs on and begins having sex with
her. While inside her he notices Millie is crying and realising his mistake he climbs off apologising
to her. He picks up his things and leaves.
S 128(1)(b) - Sexual violation by rape
A person
Rapes
Another person
Mille has told Mike that she does not want any sexual contact with him demonstrated by stopping his hand
from getting in her pants and telling him to stop and that she thinks of him as a brother not a lover.
Mike has forced himself on her and has had sexual connection effected by the introduction of his penis into
Mille’s genitalia.
Mille has protested against the connection and been crying while this has happened. Coupled with her
attempts to stop Mikes hand initially, he could not have believed on reasonable grounds that Mille was
consenting to the connection.
He has also stopped and apologised demonstrating his awareness of her lack of consent.
The offence of rape was completed as soon as the connection was effected without Milles consent. It is not a
defence that he later stopped.
Mille is another person.
Sarah is taking the intercity bus from Wellington to Auckland to visit her family. She had a big night
prior to the morning departure so was reasonably shattered when she found he space near the
back of the bus and promptly fell asleep. About an hour later while having a pleasant dream about
her boyfriend touching her she suddenly realised that it wasn’t a dream and that there was a hand
reaching from between the seats behind her and fondling her breasts from under her shirt. She
opened her eyes with a little shriek and the hand promptly returned to its owner sitting behind
her. Sarah turned around and saw Aaron, a young man, sitting alone in the seat behind her. There
was no one else to the rear of the bus and Sarah has never seen Aaron before.
S135 - Indecent assault
A person
Indecently assaults
Another person
Aaron is a person and the offender in this matter. Aaron has assaulted Sarah by intentionally and directly
applying force in fondling her breasts with his hand. By having his hand on her breast under her shirt this
makes the act indecent in that it has sexual connotations and involves conduct directed at Sarah that is
offensive to public moral values. Sarah was asleep at the time and does not know Aaron and had not implied
in any manner that she was consenting to the contact. By reaching through to Sarah sitting in the seats in
front and fondling her breasts while she was sleeping this amounts to conduct that right-thinking people will
consider an affront to the sexual modesty of Sarah. Sarah is another person and the victim in this matter
Jacob and his flatmates are having a party. Jenny has come along with some of her girlfriends. Jenny
gets paralytically drunk on Tequila and Jagerbombs and after some visits to the porcelain god to
bring up her entire insides she crawls into the nearest bedroom and falls asleep on the bed. Later
that night Jacob comes into his room and can’t believe his luck finding a drunk female in his bed.
He doesn’t know who she is but climbs in beside her and proceeds to remove her clothes and have
sex with her. Jenny wakes up in the morning and realises she has no clothes on and is sore ‘down
there’. She has no recollection of what has happened.
S 128(1)(b) - Sexual violation by rape
A person
Rapes
Another person
Jacob is a person. By putting his penis into Jenny’s genitalia he has had sexual connection with her. Jenny has
not consented to this connection as she has been so affected by alcohol and asleep at the time of the
connection (section 128A CA61). Consent must be full, voluntary, free and informed (R v COX) By the fact that
Jacob does not know Jenny and that she was asleep at the time Jacob could not reasonably believe that Jenny
was consenting to the sexual connection. Jenny is the victim in the matter and is another person.
