Sexual Offences

Question 1

Section, Act and Elements of Sexual Conduct with a Child Under 12?

Answer 1

Section 132 (1) Crimes Act 1961

• A person
• Has sexual connection
• with a child

Question 2

Explain R V FORREST AND FORREST?

(CASE LAW)

Answer 2

‘The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.’

Question 3

Is there a defence to a charge of sexual assault on a child under 12 years (a child)?

Answer 3

No.

Even if they believed they were older than 12 years or if ‘consent’ was granted by the child.

Question 4

What is the charge and the elements of Section 132 (2) crimes Act 1961?

Answer 4

Attempted sexual connection with a child

• Person
• attempts to have sexual connection
• with a child

Question 5

What is section 132 (3) Crimes Act 1961?

Answer 5

A person does an indecent act on a child.

Question 6

Explain R V COURT?

(CASE LAW)

Answer 6

Indecencey means “conduct that right-thinking people will consider an affornt to the sexual modesty of the complainant”.

Question 7

Explain R V DUNN?

Answer 7

indecency must be judged in the light of the time, place, circumstances. It must be something more than triffling, and be sufficent to ‘warrant the sanction of law.’

Question 8

In relation to a unlawful sexual connection with a person aged between 13years- 15 years. What charge would you consider?

What are the elements?

Answer 8

Unlawful connection with a person under 16

Section 134 (1) Crimes Act 1996

• A person
• Has sexual connection
• With a young person

Question 9

What is the defence for the charge of an unlawful sexual connection with a young person? (Under 16)

Section 134 Crimes Act 1961

Answer 9

• Before the act occurred, they took reasonable steps to establish the young person was over 16 years, and,
• at the time of the act concerned, he or she believed the young person was over 16 years, and,
• the young person consented.

Question 10

What section would you consider for a charge of an attempted sexual connection with a young person under 16?

Answer 10

Section 134 (2) Crimes Act 1961

Question 11

Section 134 (3) Crimes act 1961?

Answer 11

A person does an indecent act on a young person under 16 years.

Question 12

Section 135 Crimes act 1961 - Indecent Assault

What must the prosecution prove?

Answer 12

• The defendant intentionally indecently assaulted the complainant, AND
• The circumstances of the assault were indecent, AND
• The defendant intended the conduct that a reasonable person would find indecent, AND
• The complainaint did not consent to the assault, AND
• The defendant did not honestly believe the complainant was consenting.

Question 13

Explain R V NORRIS? (CASE LAW)

Answer 13

If a person who is charged with indecent assualt is able to establish that they honestly believed that the complaintant was consenting, they are entitled to be aquitted even though the grounds of his belief were unreasonable.

Question 14

Explain R V LEESON?

Answer 14

‘The definition of ‘indecent assault’ …. is an assault accompanied with cicrumstances of indecency.

Question 15

Explain intent in relation to wounding with intent?

Answer 15

INTENT:

There must be the intention:

• to commit the act, and
• to get a specific result.

Intent means to act or omission must be done deliberately. The act or omisson must be more than involuntary or accidential.

Question 16

Explain:

R V TAISALIKA

Answer 16

The nature of the blow and the gash which it produced point strongly to the presence of the necessary intent.

Question 17

Explain:

R V COLLISTER

Answer 17

Circumstantial evidence from which an offenders intent may be inferred can include:

• the offenders actions and words before, during and after the event
• the surrounding circumstances
• the nature of the act itself

Question 18

What Act and Section is Rape? (Adult)

Answer 18

Section 128(1)(a) Crimes Act 1961

Question 19

Explain the elements of sexual violation by rape (adult) …

Answer 19

(2) Person A rapes person B if person A has sexual connection with person B, effected by penetration of person B’s genitalia by person A’s penis,
(a) without consent by person B to the connection, and,
(b) without believing on reasonable grounds that person B consents to the connection.

Question 20

What evidence may be used to establish penetration?

Answer 20

Complainants evidence.

Medical examination.

Defendants admissions.

Question 21

Explain the elements of Section 2, Crimes Act 1961 in relation to Sexual Connection?

(a), (i), (ii), (b) and (c)…

Answer 21

(a) connection effected by the introduction into the gentitalia or anus of one person, otherwise than for a 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 tounge of one person and a part of another persons genitalia or anus, or
(c) the continuation of the connection of a kind described above in (a) or (b)

Question 22

Explain R V KOROHEKE?

(CASE LAW)

Answer 22

The genitalia compromise the reproductive organs, interior and exterior…they include the vulva and the labia, both interior and exterior, at the opening of the vagina.

Question 23

Explain consent?

What 2 case law examples explain the definition of consent? (Explain them both….)

Answer 23

Consent is a persons conscious and voluntary agreement to something desired or proposed by another person.

R V COX - Consent must be ‘ full voluntary, free and informed….freely and voluntarily given by a person in a position to form rational judgement.’

R V GUTUAMA - Under the objective test the crown must prove that ‘no reasonable person in the accused shoes could have though that the complainant was consenting.’

Question 24

Section and Act for sexual connection (adult)?

Is this a gender neutral offence?

Answer 24

Section 128(1)(b) Crimes Act 1961

Yes!

Question 25

Explain the definition of assault as Section 2 Crimes Act 1961?

Answer 25

• means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening to by an act or gesture to apply such force to the person of another; if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose.

Question 26

Section 129 (2) Crimes Act 1961, Assault with intent to commit sexual violation.

What must be proven at the time the defendant assaulted the complainant? (in regards to: with intent to commit sexual violation of the other person…)

Answer 26

it must be prove that at the time the defendant assaulted the complainant they:

• intended to have sexual connection with the complainaint; and,
• the complainant did not consent to the sexual connection; and,
• the defendant did not believe on reasonable grounds that the complainant was consenting.