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My CIB Modules > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

R v Koroheke (genitals)

A

The genitalia comprise the reproduction organs, interior and exterior. They include the vulva and labia, interior and exterior, at the opening of the vagina.

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2
Q

R v Cox

A

Consent must be full, voluntary and informed. Freely and voluntarily given by a person in a position to form rational judgment.

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3
Q

R v Gutuama

A

Under the objective test, the crown must prove that “no reasonable person in the accuseds shoes could believe that the complainant was consenting”

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4
Q

R v Koroheke (consent)

A

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. Submission because she is frightened of what might happen if she does not cooperate, is not true consent

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5
Q

R v Harpur (2nd one)

A

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”

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6
Q

S127 CA?

A

There is no presumption that a person cannot have sexual connection because of their age

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7
Q

What makes sexual connection unlawful?

A

The complainant did not consent (subjective)

The offender did not believe that the complainant was consenting (subjective) OR that if he did believe that belief was unlawful (objective)

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8
Q

How is penetration proven?

A
  1. The complainant’s evidence
  2. The defendant’s admissions
  3. Medical examination, including DNA and physical injury
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9
Q

What is the definition of Sexual Connection?

A

S2 CA 1961

(a) Connection effected by the introduction into the genitalia or anus of one person, other than for a genuine medical purpose, of: a part of the body of another person OR an object held or manipulated by another person.

(b) Connection between the mouth or tongue of one person and a part of another person’s genitalia or anus

(c) the continuation of connection

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10
Q

What does S128A CA hold?

A
  1. Lack of protest or resistance does not amount to consent
  2. Allowing sex because of force, threat or fear of force being applied does not amount to consent
  3. Sex while asleep or unconscious is not consensual
  4. A person who is intoxicated to the point that they cannot consent or refuse to consent
  5. A person who is impaired by mental or physical conditions to a degree where he or she cannot refuse consent
  6. Mistaken identity is not consent
  7. Mistaking about the nature/quality of the act does not give consent

I AM FAP’N

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11
Q

A man offers a woman money for sex, which she agrees to. They have sex but afterwards he runs off and doesn’t pay. Is he liable for rape and why?

A

No; S128A only covers mistakes about the offender’s identity and the nature and quality of the act. It does not cover fraudulent representations beyond this.

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12
Q

Discuss what S129 CA 1961 holds?

A

That attempted sexual violation (S129(1)) and Assault with intent to commit sexual violation (S129(2)) are two separate and distinct offences.

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13
Q

R v Harpur (First)

A

The court may have regard to the conduct viewed culmatively until it stops. The defendant’s conduct may be considered in its entirety. Considering how much remains to be done is always relevant.

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14
Q

Cox v R (child being able to give consent)

A

Although it is possible that a child aged 10 or 11 may be able to give full, voluntary, free and informed consent to sexual intercourse, this would be rare.

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15
Q

Cox v R (offender’s belief in child consent)

A

No reasonable adult would have grounds for believing that a 10 or 11 year old has the experience or maturity to understand the nature and significance of the act

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16
Q

What does S132(4) CA 1961 hold?

A

It is not a defence to the offence of Sexual Conduct with a child if they believed that the child was of or over 12.

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17
Q

R v Forrest and Forrest

A

The best evidence possible should be produced by the prosecution as to the victim’s age.

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18
Q

R v Court

A

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of thr complainant”.

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19
Q

If you are married to a young person, are you liable for sexual conduct with them?

A

No; S134(4) provides marriage as a defence.

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20
Q

A man has sex with a person who is either 11 OR 12 at the time. What is the most appropriate charging decision

A

Charge for both sexual conduct with a child AND sexual conduct with a young person.

Young Person has a lesser penalty but can include all offences against children.

21
Q

What does S134A hold?

A

It is a defence if:
-You took reasonable steps to identify the young persons age,
-You believed that they were 16 or over,
-They consented

22
Q

R v Leeson

A

Indecent assault is an assault accompanied by circumstances of indecency

23
Q

What is involved in the element of ‘Rape’

A

S128(2)

A rapes B if A has sexual connection with B, effected by penetration of B’s genitalia by A’s penis without consent to the connection and without believing on reasonable grounds that B consented.

24
Q

What is involved in the element of ‘Unlawful Sexual Connection’

A

S128(3)
A has unlawful sexual connection with B if A has sexual connection with B without B’s consent and without believing on reasonable grounds that B consented.

25
Q

What is the penalty for offences against S132?

A

14 years for sexual connection

10 years for indecent act or attempted sexual connection

26
Q

What does S44 of the Evidence Act 2006 hold?

A

A complainant may not be asked about sexual experiences with anyone other than the defendnat without permission of the judge.

27
Q

What does S121 of the Evidence Act 2006 hold?

A

A complainant’s evidence doe not need to be corroborated.

28
Q

What does the previous consistent statements rule hold?

A

S35 Evidence Act 2006

Previous consistent statements of a witness are inadmissable unless they:
1. In response to a challenge of a witnesses’ veracity.
2. Provide assurances that the statement is reliable or include information that the witness cannot recall.

29
Q

What are the advantages of video recorded interviews?

A
  1. Greater quantity and quality of information
  2. Minimising trauma to witness
  3. Reducing contamination by the interviewer in typing a statement
  4. Providing a means for the witness to refresh their memory before proceedings

QUANTITY of TRAUMA CONTAMINATES MEMORY

30
Q

List elements of Incest

A

S130(1)

A person

Has sexual connection

With parent OR child OR siblings / half siblings OR grandparents OR grandchildren

And the person charged knew of the relationship

31
Q

List elements of Sexual Conduxt with dependent Family Member

A

S131(1)

A person

Has sexual connection

With a dependent family member

Under the age of 18

32
Q

Liability for rape

A

S128(1)
1. A person
2. Rapes
3. Another Person

R v Koroheke, Cox, Gutuama, Koroheke

33
Q

Liability for Unlawful Sexual Connection

A

S128(2)
1. A person
2. Has unlawful sexual connection with
3. Another Person

R v Koroheke, Cox, Gutuama, Koroheke

34
Q

Liability for assault with Intent to commit sexual violation

A

S129(2)

  1. A person
  2. Assaults
  3. Another Person
  4. With intent to commit sexual violation

R v Cox, Koroheke, Koroheke, Gutuama

35
Q

Liability for Sexual Conduct with Child under 12

A

S132(1)

  1. A person
  2. Has sexual connection with
  3. A child under 12

R v Koroheke, Forrest & Forrest, Cox v R (x2)

36
Q

Sexual Connection with Young Person under 16

A

S134(1)

  1. A person
  2. Has sexual connection with
  3. A young person

R v Koroheke, Forrest & Forrest, Cox v R (x2)

37
Q

Liability for Sexual Conduct with young person under 16 (indecent act)

A

134(3)

  1. A person
  2. Does an Indecent act on
  3. A young person

R v Court, Leeson, Forrest & Forrest

38
Q

Indecent Assault

A

S135

  1. A person
  2. Indecently assaults
  3. Another person

R v Court, Leeson

39
Q

Liability for incest

A

S130(1)

  1. A person
  2. Has sexual connection with
  3. A parent, sibling, half-sibling, grandparent
  4. And the person charged knew of the relationship
40
Q

Liability for incest

A

S130(1)

  1. A person
  2. Has sexual connection with
  3. A parent, sibling, half-sibling, grandparent
  4. And the person charged knew of the relationship
41
Q

CALM TEA

A

CONDUCT dealings in a sensitive manner
ACCEPT that they are telling the truth
LISTEN
MEDICAL

TREAT them courteously
EXPLAIN the process
ADVISE them of counseling services

42
Q

Definition of ‘Peneration’

A

S2 - Affected to the slightest degree

43
Q

What does Regulation 28 of the Evidence Regulations 2007 hold?

A

Police must provide defence with a transcript of a video record as soon as possible after a NG plea.

44
Q

What does S107 of the evidence Act hold?

A

Regulations for how child complaints are to be presented to court. This includes the ability to present evidence by way of DVD

45
Q

What are the 12 key process points?

A
  1. Initial action
  2. Case Referral
  3. Provide specialist support
  4. Prelim interview
  5. Information feedback
  6. Medical exam
  7. Formal interview
  8. Assessment of evidence
  9. Resolution options
  10. Prosecutions
  11. Final actions
  12. Preventative opportunities

‘It Could Send People In Mexico Food And Rest, Providing Fatigue Prevention

46
Q

What is ‘Child Abuse’ under the OT Act 1989?

A

‘Harming, ill-treatment, abuse, neglect, or deprivation of any child or young person’

47
Q

What advice would you give a victim prior to a medical?

A
  1. No eating or drinking
  2. No showering
  3. No washing or showering
  4. No washing of hands or biting fingernails
48
Q

What determines the seriousness of a CPP referal

A
  1. The action of the abuse
  2. The injury inflicted
  3. The circumstances

My CIB Modules (10 decks)

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