Sexual Offences Flashcards
If a male has sexual intercourse with his 18 year old homestay student is there any offence?
No - offences committed (18yrs & over not an offence for dependant family member)
When is the offence of Sexual grooming complete? (pg57 Mod)
- When the offender intentionally meets the young person
- when the offender travels with the intention to meet young person
- When the offender arranges or persuades the young person to travel with the intention of meeting him/her
When can a previous consistent statement be admitted?
As rebuttal evidence only
Can a 17yr old uncle be charged with failing to protect a child?
No - offenders must be from same household or very close & must be over 18 years of age
How far out must a prosecute give the transcript to the defence before preliminary hearing or defended summary hearing?
At least 7 days
Can a child ages `12 years consent to intercourse? (pg 4 mod)
In all but extremely rare cases,, it was not reasonable for an adult to believe child was consenting to sexual activity
No question can be put to the Victim regarding?
The victims previous sexual history with any person other than the defendant (pg 44 EA2006)
What 3 things must the crown prove in relation to an indecent assault? (pg 49 mod)
The defendant intentionally assaulted the complainant
The circumstances accompanying the assault were indecent
The defendant intended the conduct that a reasonable person would find indecent
When is the offence of sexual exploitation with a person with significant impairment complete? (pg 59 sub(3)(a( & (b) moc)
1) when the defendant ahs sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment AND
2) has obtained the impaired persons acquiescence in, submission to , participation in, or undertaking of the connection by taking advantage of the impairment
In certain circumstances, the judge can ask the witness to state their address details, in what circumstances will this occur? (pg 64 mod) Sec 87 EA 2006
When the judge determines that they are directly relevant to the facts in issue and that the exclude them would be contrary to the interest of justice.
Proof of absence of an expressed consent is an its own insufficient to obtain a conviction on a charge of sexual violation. What other factor must be established by the prosecution?
that the defendant did not believe on reasonable grounds that the Victim consented.
What is the principle difference between sec 128 and sec 129A in relation to “consent obtained by a threat”?
Sec 128 requires that the threat be a threat of force
18 year old boy having sex with 16 year old sister and know they are related. Can you arrest Incest? Can the sister also be charged/? (pg 54 mod)
Yes you can charge for Incest as they are siblings and yes you can charge the sister as she is 16years old and knew of the relationship.
In relation to sexual conduct with a child under 12 what applies? (pg 39 mod)
Consent is not a defence
18 yr old foreign student sleeping with a male at the house to get use of the car. has he committed any offence?
No offence committed.
At rape scene you freeze and assemble all present in an adjoining room/unit, what do you do next?
contain the suspects and conduct preliminary interview with the victim
John marries Marie who has a 14yr old daughter. John and daughter of Marie start having sex. what offence has John committed?
Sexual conduct with a dependant family member Section 131(1) CA 1961
Ma attempts ssex with unwilling 16yr old girl, he is unable to penetrate so uses a beer bottle instead. What would you charge him with?
Unlawful sexual connection (sec 128(a)(b) CA 1961
An urgent case of child abuse is classified as one where?
Reasonable grounds to suspect that child is suffering of at risk but is safe in the short term.
Define sexual connection (pg 12 mod)
Sec 2 - CA 1961
Sexual connection means -
(a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for the genuine medical purposes of:-
(I) a part of the body of another person, OR
(ii) an objet held or manipulated by another
person OR
b) connection between the mouth or tongue of one person and part of another person’s genital or anus; OR
(c) the continuation of connection of a kind described in paragraph (a) or paragraph(b)
Define unlawful sexual connection - section 128(3) A 1961
Person A has unlawful sexual connection with person B, if person A has sexual connection with Person B
(a) without person B’s consent to the connection and
(b) without believing on reasonable grounds person B consented to the connection.
What is the defence under Sec 134A? (pg 28 mod)
-Before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years AND
- at the time of the act concerned, he or she believed on reasonable grounds that the young person was of over the age of 16 years AND
the young person consented
Can a 16 yr old female be charged with having sex with a 14 yr old male?
yes - sexual conduct with a young person sectin 134(1) CA 1961
Name 3 circumstances where police would remove a child from a household
- serious wilful neglect
serious physical abuse
sexual abuse
Section 195A CA 1961 - failure to protect a child or vulnerable adult (pg75 mod)
what is necessary to prove criminal liability I failing to protect a child?
Must prove:-
- member of the same household as the victim.
- People who are staff members of any hospital, institution or residence where Victim resides and over 18yrs of age
AND
- know (mens rea) the victim is at risk of death, GHB or sexual assault as a result of the acts or omissions of another person AND
- fails to act (actus reus) to take reasonable steps to protect the victim from that risk.
In what other ways can a Victim give evidence?
while in the court room but they are unable to see the defendant or some other specified person - behind a screen for example.
In an appropriate place outside the court room in NZ or else where (CCTV) by a video recording made before the hearing of the proceeding (DVD)
Before attending a medical examination what should you advise the victim?
The examination will be done by a medical forensic practitioner specially trained in examining victims of sexual assault
The benefits of a full medical examination including:-
- Potential benefit to their physical,, sexual , mental health and safety
- how the examination can help police obtain evidence to apprehend the offender
- The expected time frame for the examination and if appropriate possible outcomes of the examination.
What are the 3 area to consider in determining whether physical abuse is serious and meets the threshold for referral as CPP case?
The action of the abuse
The injury inflicted
The circumstances (factor of the case)
Define consent
Consent is a person’s conscious and voluntary agreement to so something desired or proposed by another
RvCox
Consent must be full, voluntary, free and informed…freely and voluntarily given by a person in a position to form a rational judgement.
R v Leeson
The Definition of “indecent Assault is an assault accompanied with circumstances of indecency.
Section 128A matters that do not constitute consent.
not protesting or offering physical resistance to use of force, threat of force of fear of force.
asleep or unconscious
so effected by alcohol or drugs they cannot consent
so effected by mental or physical impairment they cannot consent
mistaken ID
mistaken as to the nature and quality of the act
Before attending MEK, what do you remind/ tell the victim?
no eating or drinking no biting or chewing nails no toilet unless necessary andthen collect with kit to capture urine and advise victim not to wipe no washing or showering no washing their hands no smoking no changing clothes no brushing or combing hair no brushing teeth or rinsing their mouth
When interacting with victims of sexual offences, provide a safe and secure environment in which they may regain some control of their lives.
CALMTEA
Conduct dealings in a sensitive manger
Accept they are telling the truth
Listen to what they are telling you.
Medical assistance required. Establish whether they require it.
Treat them courteously
Explain the process you are following and why you need to follow that process
Adviser them of the local counselling services available.
R V Katamaki
if after he has penetrated a women, a man realises that she is not consenting (or has never consented) but he continues, that act of intercourse then becomes rape.
What must the crown prove for attempts to commit sexual violation? Section 129(1)
The defendant intended to have sexual connection with the complainant
The complainant did not consent to the intended sexual connection
The defendant did not believe on reasonable grounds that the comiplaiant was consenting.
What is the reason for a prelim interview?
what further investigative actions are necessary
Whether an offence may have occurred and
whether the Victim wishes to make a formal complaint
What should be the 2 principle objectives of a doctor conducting the medical examination of victim of child abuse
determines treatment and protection
provides evidential material
What is the main difference between sexual violation by rape and unlawful sexual connection?
For rape the connection is effected by penetration of penis into genitalia, where unlawful sexual connection is connected by introduction into genitalia or anus by part of the body, an object held, mouth or tongue or the continuation of any of these.
What are the threats outlined in section 129A sexual conduct with consent induced by certain threats
a) A threat that the person making the threat of some other person will commit an offence that:-
(I) is punishable by imprisonment BUT
(ii) does not involve the actual or threatened application of force to any person AND
b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true of false) about misconduct by any person (whether living or dead) that is likey to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
(c) A threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power of authority arising out of :-
(i) an occupational or vocational position held by the person making the threat, or
(ii) a commercial relationship existing between the person making the threat and the person consenting.
what are the ingredients of indecent assault
a person
indecently
assaults
another person
Regarding consent the crown must prove?
subjective test 1 - absence of consent from the complainant
subjective test 2 - belief in consent , the offender did not believe the complainant was consenting
objective test3 - if he did believe the complainant was consenting then grounds were not reasonable
A person does not consent to sexual activity if he/ she allows because of :-
A person does not consent to sexual activity if he/she allows because of:-
a) force applied to him or her or some other person or
b) the threat(express of implied) of the application of force to him or her or some other person) or
c) the fear of the application of force to him or her or some other person
who should conduct a preliminary interview
an adult sexual assault investigator. if none available then the most suitable police officer. remember to record why ASAT investigator not doing it.
12 steps in ASA investigtion
I Can See Problems In My First Actual Rape Prosecution Falling At Penetration
1) initial action - brief details regarding the complaint
2) case referral - asap to CIB or ASA investigator
3) specialist support provided
4) preliminary interview
5) information feedback - keep victim informed of investigation and finding
6) medical examination
7) formal interview
8) investigation & evidence assessment
9) resolution options
10) prosecution
11) final actions and record keeping
12) preventative opportunities and responsibilities
Evidence Act 2006 Section 44
l(i) In a sexual case, no evidence can be give and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other then the defendant, except with the permission of the judge
2) In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.
What is the difference between rape and Unlawful Sexual connection
Rape is a specific form of sexual violation that involves the non-consensual penetration of the complainants genitalia by the offenders’s penis.
unlawful sexual connection has a wider meaning and includes any from of non=consensual penetration r oral connection with a persona genitalia or anus.
Two necessary things to prove age
R v Forrest and forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the Victims age
In practice this generally involves producing the Victim’s birth certificate in conjunction with independent evidence that identifies the Victim as the person named in the certificate.
ASA guidelines, who do they apply to
a person aged 17 years and over at the time of reporting sexual assault
what are the two things you must do at the conclusion of a child forensic interview
- complete the certificate for video record of interview
- Police must:-
- review the impact of information disclosed during interview
- update cyf on information disclosed and discuss with them any care and protection concerns that may have arisen.
remove a child when
it is not safe to leave them there or
you believe on reasonable grounds that if left, they will suffer, ill treatment, neglect, deprivation, abuse of harm and
there is no other practical means of ensuring their safety.
Incest:-
sexual connection between two pepple whose relationship is that of:-
-parent and child
siblings
half siblings
grandparents and grandchild
The person must know of the relationship
Timing of coimplaint
Acute - within seven days of the sexual assault
Non-acute - at seven or more days after the sexual assault but before 6 months
historic - after 6 months of the sexual assault
Section 127 - no presumption because of age
there is no presumption of law that a person is incapable of sexual connection because of his or her age.
