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DDP - Modules > Sexual offences > Flashcards

Sexual offences Flashcards

1
Q

128(1)(a)

A

Sexual violation by rape

A person

Rapes

Another Person

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2
Q

128 (1)(b)

A

Sexual Violation by Unlawful Sexual Connection

A person

Has an unlawful sexual connection

With another person

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3
Q

129(2)

A

Assault with intent to commit sexual violation

A person

Assaults

Another Person

With intent to commit sexual violation with the person

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4
Q

130

A

Incest

A person (over 16 years old)

Has a sexual connection with a person whose relationship is that of parent, child, sibling, half sibling, grand parent or grandchild

And

Knows of the relationship

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5
Q

131A

A

Sexual conduct with a dependent family member

A person
(1) has a sexual connection with a dependent family member U18
(2) Attempts to have a sexual connection with a dependent family member U18
(3) Does an indecent act on a dependent family member U18

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6
Q

131B

A

Meeting young person following sexual grooming

A person

Having met or communicated with a person U16 on an earlier occasion

(i) intentionally meets the young person
(ii) travels with the intention of meeting the young person
(iii) arranges for or persuades the young person to travel with the intention of meeting him or her

And

Intends to sexually exploit or have a sexual connection with the young person

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7
Q

132

A

Sexual Conduct with a child

A person
(i) has a sexual connection with a child under 12
(ii) attempts to have a sexual connection with a child under 12
(iii) does an indecent act on a child under 12

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8
Q

134

A

Sexual Conduct with a young person under 16

A person
(i) has a sexual connection with a young person under 16
(ii) attempts to have a sexual connection with a young person under 16
(iii) does an indecent act on a young person under 16

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9
Q

135

A

Indecent assault

A person

Indecently Assaults

Another Person

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10
Q

138

A

Sexual exploitation of a person with significant impairment

A person

Has a exploitative sexual connection

With a significantly impaired person

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11
Q

128B

A

Sentencing for sexual violation. Should be specified when charging

Maximum imprisonment of 20 years and imprisonment should be imposed on sentencing unless special circumstances

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12
Q

Evidence Act 2006 S44

A

No evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant (except with the judge’s permission)

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13
Q

Evidence Act 2006 S87

A

Privacy to witness precise address

No questions about address, town or community that they live in (except where the judge determines that they are directly relevant to the facts)

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14
Q

Evidence Act 2006 S88

A

Protects complainants from questions put to them or a witness about complaints occupation, or statement/remarks about complaints occupation

(An application can be made to the judge to disclose this information)

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15
Q

Evidence Act 2006 S121

A

Complaints evidence does not have to be corroborated.

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16
Q

Evidence Act 2006 S35

A

Previous Consistent statements

Inadmissible

Unless to respond to a challenge to the witnesses veracity or accuracy

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17
Q

Evidence Act 2006 S103

A

Grounds for evidence to be given in an alternative way
- age or maturity of witness
- physical, intellectual, psychological or psychiatric impairment of witness
- trauma suffered by witness
- fear or intimidation
-linguistic or cultural background or religious beliefs
- nature of proceedings
- nature of evidence
- relationship of the witness to any party in the proceedings
- absence or likely absence of the witness from NZ

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18
Q

104 - chambers hearing before direction for alternative evidence

A

Application not guaranteed,

Each party gets a say

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19
Q

Evidence Act 2006 S105

Alternative ways to give evidence

A

In the courtroom but unable to see the defendant (screens)

From an appropriate place outside court room (video link)

By a video record before the hearing

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20
Q

Evidence Act 2006 S107

A

Child witnesses are entitled to give evidence in an alternative way

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21
Q

Regulation 28, Evidence Regulation 2007

A

Police must ensure a typed video transcript of a video record to be used in proceedings is given to the defendant or defendants lawyer as soon as practicable after the defendant has pleaded not guilty

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22
Q

Exploitative sexual connection

A

Has a sexual connection knowing that the person is significantly impaired

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23
Q

Significant Impairment

A

Intellectual, mental or physical condition that impairs the person’s capacity to

  • understand the nature of sexual conduct
  • understand the nature of decisions about sexual conduct
  • foresee the consequences of decisions about sexual conduct
  • communicate decisions about sexual conduct
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24
Q

Sexual Violation
Crown must prove

A
  • Intentional act by offender involving sexual connection with the complainant
  • the complainant did not consent to the sexual act
  • the offender did not believe the complainant was consenting
  • if they did believe the complainant was consenting the grounds for such a belief were not reasonable
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25
Q

Section 128(2)

A

Person A rapes Person B, if person A has a sexual connection with person B effected by penetration of Person B’s Genitalia by Person A’s penis
(a) without person B’s consent
(b) without believing on reasonable grounds that person B was consenting

26
Q

128(3)

A

Person A has an unlawful sexual connection with Person B, if person A has a sexual connection with person B

(a) without person B’s consent
(b) without believing on reasonable grounds that person B was consenting

27
Q

128(4)

A

You can be convicted of sexual violation while married

28
Q

Proving penetration

A

Complainants statement
Medical examination including DNA and physical injury
Defendants admissions

29
Q

Penetration

A

The extent of penetration is not relevant, penetration to the slightest degree no matter how slight or fleeting is sufficient

30
Q

Genitalia

A

The male and female reproductive organs. Penis and testicles of a male and the vulva and vagina of females

This includes surgically constructed organs analogous to naturally occurring male or female genitalia

31
Q

Genitalia CL

A

R v Koroheke

The genitalia compromise of the reproduction organs interior and exterior… the include the labia and vulva interior and exterior at the opening of the vagina

32
Q

Sexual connection

A

Connection effected by the introduction into the genitalia or anus of one person otherwise than for genuine medical purposes,

A part of the body of another person
An object held or manipulated by another person

Or

a connection between the mouth or tongue of one person and a part of another persons genitalia or anus

33
Q

No presumption because of age

A

It would not be a defence to a sex related charge to say either of the parties was too young or old

34
Q

Consent CL

A

R v COX
Consent must be full, voluntary, free and informed……. Freely and voluntarily given by a person in a position to make a rational judgement

35
Q

Objective test CL

A

R v Gutuama

Under the objective test the crown must prove that no reasonable person in the accused shoes would believe the complainant was consenting

36
Q

Consent Timing

A

The belief in consent is to be considered at the time the actual act took place

37
Q

128A

A

Invalid Consent- applies to sexual connection and indecent assault

  • not protest or offer resistance
  • force, threat of force, fear of the application of force to themselves or another
    -asleep or unconscious
    -affected by alcohol or drugs to the degree can give consent
  • affected by an intellectual disability
  • mistaken identity
    -mistaken to nature and quality of act
38
Q

Attempts

A

S72 Crimes Act

Everyone who having an intent to commit an offence, does or omits an act for accomplishing his object, is guilty of an attempt to commit the offence

39
Q

Attempt CL

A

R v Harpur

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

R v Harpur
The defendants conduct may be considered in its entirety (cumulative conduct)

40
Q

Assault

A

The act of intentionally applying or attempting to apply force

Directly or indirectly

Or threatening by act or gesture to apply force

41
Q

Intent

A

Deliberate act
Specific result

42
Q

132 (4) and (5)

A

Not a defence

(4) believes over 12

(5) child consented

43
Q

Consent CL Child

A

Cox v R

Save in exceptional and rare circumstances… even when she indicates an agreement to the act occurring…. No reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act.”

44
Q

Age CL

A

R v Forrest and Forrest

The best evidence possible in circumstances should be adduced by the prosecution in proof of the victims age

45
Q

Indecent Act

A

An act accompanied by circumstances of indecency

46
Q

Section 134A

A

Defence against charge if
-defendant believes on reasonable grounds 16 or over
- has taken reasonable steps to ascertain over 16
- young person consents

47
Q

Indecent Assault CL

A

R v Leeson

Definition of indecent assault is an assault accompanied with circumstances of indecency

48
Q

Indecency CL

A

R v Court

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

49
Q

Indecent Assault defence

A

R v Norris

If a person honestly believed the defendant consenting even if the grounds were unreasonable they are entitled to be acquitted

50
Q

S144

A

Sexual conduct with children and young people outside NZ

New Zealand Citizens or residents

Commit an offence

If do anything listed under 132 o134 or use a prostitution under18

51
Q

144B

A

To file a charge under 144A you must have consent from attorney general

A person alleged to have committed an offence may be arrested or WTA may be issued and may be RIC or bailed out

52
Q

Medical forensic examination

A

The examination will be conducted by a specialist medical forensic practitioner

Benefits of full medical forensic examination

Expected time frame for examination

53
Q

Preserving trace evidence

A

No eating or drinking
No going to the toilet
No washing or showering
No washing of hands or biting of finger nails

54
Q

Provide safe and secure environment

A

C- conduct dealings with a sensitive and concerned manner
A - accept they are telling the truth unless evidence to the contrary
L- listen to what they tell you and give them the opportunity to tell their account
M- establish whether they need medical attention
T- treat the courteously
E- explain the process
A- advise of local counselling

55
Q

Seriousness of Physical Abuse

A

The action of the abuse
The injury inflicted
The circumstances

56
Q

Victims Rights - police obligations

A

Victim contact must be recorded
Victims must be given information about the progress of the investigation within 21 days
Victims must be kept updated and informed of the outcome of the investigation
Right to go on VNR after offender arrested and charged if it is a S 29 offence
Property belonging to victim returned promptly

57
Q

Child abuse definition

A

The harming (whether physically, emotionally or sexually), ill treatment, abuse, neglect or deprivation of any child or young person

58
Q

ASA Timeframes

A

Acute - within 7 days
Non-acute - 7 days or more to 6 months
Historic- over 6 months

59
Q

ASA 12 Key process points

A
  1. Initial Action
  2. Case referral
  3. Providing specialist support
  4. Preliminary Interview
  5. Information Feedback
  6. Medical examination
  7. Formal interview
  8. Investigation and evidence
  9. Resolution Process
  10. Prosecution
  11. Final actions and record keeping
  12. Preventative opportunities
60
Q

Child centred time frames

A

Time frames that are relevant to the child’s age and cognitive development

61
Q

Incest key factors

A

Must be over age of 16
The relationship
Knowledge of the relationship

DDP - Modules (7 decks)

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