Sexual Offence Definitions

Question 1

Rape

Answer 1

Person a rapes person b if person a has sexual connection with person b effected by penetration of person b genitalia by person a penis without person b consent or without reasonable grounds believe they were consenting to the. Connection.

Question 2

U/L sexual connection

Answer 2

Person a has unlawful sexual connection with b if person a has sexual connection with b without their consent and they did not believe in reasonable grounds they were consenting to the connection

Question 3

Sexual connection

Answer 3

Introduction into the genitalia or anus of one person (other than genuine medical purpose) of
A part of the body of another person or
An object held or manipulated by another person
Connection between the mouth or toungue of one person and a part of another persons genitalia or anus
Or the continuation of the above

Question 4

Consent

Answer 4

Is a persons conscious and voluntary agreement to do something desired by another
R v cox - full, voluntary ,free and informed

Question 5

Reasonable grounds

Answer 5

Subjective - the victim did not consent
Subjective - the defendant did not believe she was consenting
Objectionable- if the defendant believed victim was consenting the grounds for that belief was not reasonable
R v gutuama
Crown must prove no reasonable person in the accused shoes would believe the complainant was consenting

Question 6

Circumstance that don’t constitute consent

Answer 6

FAAILMM
F- force, threats, violence
A- alcohol or drugs
A - asleep/ unconscious
I- impaired mentally/physically
L- lack of resistance, protest
M- mistaken identity
M - mistaken to quality and nature of act

Question 7

Indecency

Answer 7

R v court - conduct a right thinking person would consider an affront to the sexual modesty of the victim
R v Dunn - indecency must be viewed in light of the time place circumstances. Must be more than trifling and be sufficient to warrant the sanction of law

Question 8

Indecent assault

Answer 8

R v Leeson - Is an assault accompanied by circumstances of indecency

Question 9

Dependant family member

Answer 9

Power and authority over dependant member
AND
Has responsibility or significant role in upbringing

Question 10

Incest 10 years imprisonment

Answer 10

Sexual connection between
- parent and child
- siblings
- half siblings
- grand parent and grand child
AND
Person knows of the relationship
AND
Over 16 years

Question 11

Defence to s131b

Answer 11

Taken reasonable steps to find out the person was 16 or over
AND
Believed on reasonable grounds the cyp was 16 or over

Question 12

Significant impairment

Answer 12

Intellectual, physical, mental condition:/ impairment that impairs the capacity to; FUUC

-Forsee the consequences of decisions about sexual conduct or;
-Understand nature of sexual conductor;
-Understand nature of decisions about sexual conduct or;
-Communicate decisions about sexual conduct

Question 13

S138 sexual exploitation of person with significant impairment

Answer 13

Sexual connection with impaired person knowing impaired person has significant impairment and has obtained the persons acquiescence by taking advantage of the impairment

Question 14

Acute sexual response victim
Advisement

Answer 14

Advise not to
-Eat or drink
-Wash or shower
-Go to toilet
-Wash hands
-Brush teeth
-Smoke
-Change clothes
-Brush or comb hair

Question 15

Child neglect

Answer 15

Intentional neglect / ill treatment causes or permits neglect/ ill treatment.
Likely to cause actual bodily harm, injury to health or mental disorder or disability. Must be serious and avoidable.

Question 16

Child neglect examples

Answer 16

Not providing shelter, food, clothes.
Not protecting from physical harm or danger.
Not accessing appropriate medical treatment.
Allowing child to be exposed to illicit drug manufacturing.

Question 17

Child abuse

Answer 17

Abusing of any child or young person
Physically. Emotionally. Sexually. Ill treatment. Abuse. Neglect. Deprivation.

Question 18

Sexual connection with a child
/ sexual violation

Answer 18

R v cox
Except in rare circumstances full, voluntary, free informed consent not possible from a child of 10 or 11 years old
R v cox no reasonable adult would have grounds to believe a 10 or 11 year old girl would have the experience or maturity to understand the nature and significance of the act.

Question 19

Indecent act

Answer 19

Generally accepted as an act accompanied by circumstances of indecency

Question 20

S 134 1,2,3 sexual conduct with a young person under 16
1. Sexual connection
2. Attempted sexual connection
3. Indecent act

Answer 20

-Everyone who
-Has sexual connection/ attempts/ does indexnt act
-With/on a young person under 16

Question 21

Evidence act s103 application grounds

Answer 21

• age and maturity of witness
• trauma suffered by witness
• fear of intimidation
• nature of evidence the witness is to give
• the physical, intellectual, psychological/ psychiatric impairment of the witness
• if the witness is outside of NZ

Question 22

Alternative ways to give evidence for victim/witness

Answer 22

-While in room but unable to see offender or specific person (screens)
-From an appropriate place outside of courtroom(cctv)
- by video recording made prior to the hearing (video recording)

Question 23

Reg 28

Answer 23

Prosecutor to give transcript to defence after not Guidry plea

Question 24

Defence to 134

Answer 24

Defence must prove
- defendant took reasonable steps to ascertain age as above 16
- defendant believed on reasonable grounds they were 16 or over
- the young person consented

Question 25

R v gutuama

Answer 25

Prosecution must prove “no reasonable person in the accused shoes could have thought that the complainant was consenting”

Question 26

Calmtea