Sex Flashcards

1
Q

Sexual exploitation of a significantly impaired person

A

Crimes section 138

(1) - a person
- has exploited sexual connection
- with a person with a significant impairment

(2) - a person
- Attempts to have exploitive sexual connection
- with a person with a significant impairment

(3) - a person
- does an indecent act on a person with a significant impairment

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2
Q

What is a significant impairment

A

Intellectual, mental or physical condition that affects a person to such an extent that:

it significantly appears the persons capacity to understand the nature of sexual conduct or decisions or unable to foresee the consequences or communicate about decisions

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3
Q

Compelling indecent act with animal

A

Crimes act section 142A

  • a person
  • Compels any other person
  • by the actual threatened application of force to that other person or some other person
  • To perform or to submit to any act of indecency with an animal whether or not involving penetration
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4
Q

Beastiality
- when is the offence complete?

A

Crimes act section 143

A person
Commits beastiality

The offence is complete upon penetration

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5
Q

Indecency with an animal

A

Crimes act section 144

  • a person
  • commit any act of indecency with an animal
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6
Q

Sexual contact with children outside NZ

A

Crimes act section 144A

  • being a New Zealand citizen or ordinarily resident in New Zealand
    (1) Does an act outside New Zealand with a child under the age of 12
    (2) does an act outside New Zealand with or on a person under 16
    (3) does an act outside New Zealand with or on a person under the age of 18

Act under section 132 or 134

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7
Q

Consent of general attorney section 144B

A

No charging document may be filed for an offence against section 144A (sexual conduct with a child outside of NZ ) of this act except with the consent of the attorney general

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8
Q

Organising child sex tour

A

Crimes act section 144C

  • a person
    (A) makes or organises any Trevor arrangement for or on behalf of any other person with the intention of facilitating the commission of an offence under section 144A
    (B) transport any other person to a place outside of NZ with the intention of facilitate the commission of 144A
    (C) or publishes any information that is intended to promote contact that would constitute to an offence under 144A
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9
Q

Prohibition and making intimate visual recording

A

Crimes act section 216H

  • A person
  • intentionally or recklessly makes an intimate visual recording of another person
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10
Q

What is required to be proved for the charge of prohibition on making intimate visual recording?

A
  • Absence of consent
  • intended to make such a recording or have been reckless as to every element of the definition 
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11
Q

Assault on a child or by a male on a female

A

Crimes act section 194

  • a person
    (A) assaults any child under the age of 14
    (B) being a male, assaults any female
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12
Q

Ill treatment or neglect of child or vulnerable adult

A

Crimes act section 195

  • a person
  • intentionally engages in conduct that or omits to discharge or perform any illegal duty
  • that is likely to cause suffering, injury, adverse effects to health or any mental disorder, disability to a child or vulnerable adult
  • is a major departure from the standard of care to be expected of a reasonable person

Child = under 18
A person = having actual care or charge of victim or is a staff member of any hospital/institution/residence where victim lives

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13
Q

Failure to protect child or vulnerable adult

A

s195A Crimes Act 1961
Everyone is liable to a term of imprisonment not exceeding 10 years

  • has frequent contact with a child (or vulnerable adult) and:
    • knows (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
    • fails (actus reus) to take reasonable steps to protect the victim from that risk.
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14
Q

When is the offence of sexual exploitation of a person with a significant impairment compete

A

Must know that the person has a significant impairment upon sexual connection

Exploiting that impairment to get participation in the e act

)Obtained their reluctant acceptance, submission, participation - taking advantage of their impairment )

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