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CIB induction May 2016 > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

Sexual Violation by Rape

List Act, Section, imprisonment and ingredients.

A

Sexual Violation by rape

Section 128(1)(a), Crimes Act 1961

20 Years Imprisonment.

Ingredients

A person

Rapes

Another Person

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2
Q

Sexual Violation by rape

Section 128(1)(a), Crimes Act 1961

20 Years Imprisonment.

List the Ingredients along with titles of definitions and case law

A

Sexual Violation by rape

Section 128(1)(a), Crimes Act 1961

20 Years Imprisonment.

Ingredients

A person

Person

Rapes

Rape S.128(2) Crimes Act 1961

Penetration S.2(1A) Crimes Act 1961

Proof of penetration is required

Genitalia S.2 Crimes Act 1961

R v Koroheke

Penis S.2 Crimes act 1961

Consent

R v Cox

Matters that do not constitute Consent S.128A Crimes Act 1961

Reasonable Grounds

  • Subjective test Absence of concent
  • Subjective test 2 Belief in consent
  • Objective test 3 Reasonable grounds for belief in consent

R v Gutuama

Another Person

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3
Q

Define ingredient “A person.”

A

A Person

Gender nutral. Proven by judicial notice or circumstancial evidence.

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4
Q

Whats the Defination of

Rape

A

Rape; Sec. 128(2), Crimes Act 1961

Person A rapes Person B if Person A has sexual connection with person B,

effected by the penetration of Person B’s genitalia by Persons A’s penis - ,

(a) without person B’s consent to the connection,

and

(b) without believing on reasonable grounds that person B consents to the

connection

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5
Q

Whats the Defination of

Penetration

A

Penetration

Sec. 2(1A), Crimes Act 1961​

Introduction and penetration have the same meaning.

Introduction to the slightest degree is enough to effect a connection.

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6
Q

How do you prove “Proof of penitration is required“

A

Proof of penetration is required:

Proof may be provided by:

  • the complainant’s evidence
  • medical examination, (DNA, injuries)
  • accused’s admissions.
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7
Q

Whats the defination of Genitalia

A

Genitalia,

Sec.2, Crimes Act 1961

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female, or of indeterminate sex)

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8
Q

What is the caselaw for Genitalia

A

R v Koroheke

The genitalia comprise the reproduction organs, interior and exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.

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9
Q

What is the defination for Penis

A

Penis

Sec. 2, Crimes Act 1961

Penis includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female or of indeterminate sex).

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10
Q

What is the defination for Consent

A

Consent:

“Consent” is a person’s conscious and voluntary agreement to something desired or proposed by another.

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11
Q

Discuss the caselaw regarding Concent

A

R v Cox

Consent must be “full, voluntary, free and informed … freely and voluntarily given by a person in a position to form a rational judgment.”

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12
Q

List the matters that do not consititue concent

A

Matters that do not constitute consent - Sec. 128A, Crimes Act 1961

  • not protesting or offering physical resistance to use of force,
  • application of force to self or other, threats of force to self or others, or fear

of force to self or others

  • asleep or unconscious
  • so affected by drugs/alcohol they cannot consent
  • so affected by mental or physical impairment they cannot consent
  • mistaken ID
  • mistaken as to nature and quality of the act

(Only include those relevant to the scenario, if any)

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13
Q

Discuss Reasonable Grounds in relation to Rape:

A

Reasonable Grounds:

The establishing of reasonable grounds is a three step process

Subjective Test - Step 1 - Absence of Consent

What was the complainant thinking at the time? Was s/he consenting?

Subjective Test – Step 2 - Belief in Consent

If s/he were not consenting did the offender believe the complainant was

consenting? ie what was the offender thinking at the time.

Objective Test – Step 3 - Reasonable grounds for belief in consent

If the offender believed the complainant was consenting, was that belief

reasonable in the circumstances. Ie what would a reasonable person have

believed if placed in the same position as the defendant?

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14
Q

Discuss the caselaw for reasonable grounds for consent

A

R v Gutuama

Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting.”

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15
Q

Define “another person”

A

Person:

Gender neutral. Proven by Judicial notice or circumstantial evidence.

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16
Q

Sexual Violation by unlawful sexual connection

Section, Act, imprisonment.

Ingredients

A

Sexual Violation By Unlawful Sexual Connection

Section 128(1)(b), Crimes Act 1961 20 years imprisonment

Ingredients

A person

Has Unlawful Sexual Connection

with another person

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17
Q

Sexual Violation By Unlawful Sexual Connection

Section 128(1)(b), Crimes Act 1961

20 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Sexual Violation By Unlawful Sexual Connection

Section 128(1)(b), Crimes Act 1961

20 years imprisonment

Ingredients

A person

Person

Has Unlawful Sexual Connection

Unlawful Sexual Connection S.128(3) Crimes Act 1961

Sexual Connection S.2 Crimes Act 1961

Penetration

Proof of penitration is required

Genitalia Section 2 crimes act (if it relates)

R v Koroheke

Consent

R v Cox

Matters that do not constitute consent - S.128A Crimes Act 1961

Reasonable Grounds

  • Subjective test 1 absence of consent
  • Subjective test 2 Belief in consent
  • Objective test 3 Reasonable grounds for belief in consent

R v Gutuama

with another person

Person

18
Q

Define (+ Section and Act) Unlawful Sexual Connection

A

Unlawful Sexual Connection - Sec.128 (3), Crimes Act 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 that person B consents to the

connection

19
Q

What is the defination for Sexual Connection ( + section and act)

A

Sexual Connection

Sec 2, Crimes Act 1961

(a) connection effected by the introduction into the genitalia or anus of one

person, otherwise than for 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 tongue of one person and a part of

another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or

paragraph (b)

20
Q

What is the definition of Assault.

A

Assault:

Sec. 2, Crimes Act 1961

Assault means the act of intentionally applying or attempting to apply force to

the person of another directly or indirectly, or threatening by any 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; and to assault has a corresponding

meaning.

21
Q

how do you prove age and relevent case law

A

Proving Age:

R v Forrest and Forrest​

The best evidence possible in the circumstances should be adduced by the

prosecution in proof of [the victim’s] 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.

22
Q

Sexual Conduct with a child under 12

Section, act, imprisonment

ingredients

A

Sexual Conduct with a child under 12

Section 132(1), Crimes Act 1961, 14 years imprisonment

ingredients

Everyone

Has sexual connection

With a child

23
Q

Sexual Conduct with a child under 12

Section 132(1), Crimes Act 1961,

14 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Sexual Conduct with a child under 12

Section 132(1), Crimes Act 1961,

14 years imprisonment

ingredients

Everyone

Person

Has sexual connection

Sexual connection - S.2 Crimes Act 1961

Penetration - S.2(1A) Crimes Act 1961

Proof of Penetration id required

Genitalia - S.2 Crimes Act 1961

R v Koroheke

With a child

Child - S132(6)(a) Crimes Act 1961

Proving Age - R v Forrest and Forrest

24
Q

Define a “child”

A

Child:

Sec. 132(6)(a), Crimes Act 1961

Child means a person under the age of 12 years

25
Q

Define Proving Age

A

Proving 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 victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

26
Q

Sexual Conduct with a Child under 12 (indecent act)

Section, act, imprisonment

ingredients

A

Sexual Conduct with a Child under 12

Section 132(3) Crimes Act 1961, 10 yrs imprisonment

ingredients

Everyone

Does an Indecent Act

On a child

27
Q

Sexual Conduct with a Child under 12 (indecent act)

Section 132(3) Crimes Act 1961, 10 yrs imprisonment

List the Ingredients along with titles of definitions and case law

A

Sexual Conduct with a Child under 12 (indecent act)

Section 132(3) Crimes Act 1961, 10 yrs imprisonment

ingredients

Everyone

Person

Does an Indecent Act

Indecent Act

Indecency - R v Court

Immaterial whether

Indecent act includes indecent assaulting a child S.132(6)(b)

On a child

Child - S.132(6)(a) Crimes Act 1961

Proving Age, R v Forrest and Forrest

28
Q

Define “Indecent Act”

A

Indecent Act:

An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

29
Q

Whats the caselaw definition for indecency

A

Indecency:

R v Court

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

30
Q

Indecent act

If such an act is done with the consent of the child, it is immaterial whether…

A

If such an act is done with the consent of the child, it is immaterial whether:

− the offender does the act on the child

− the child does the act on the offender

− the act is mutual

31
Q

Discuss Indecent act/assault Sec. 132(6)(b), Crimes Act 1961

A

Sec. 132(6)(b), Crimes Act 1961

Doing an indecent act on a child includes indecently assaulting the child

32
Q

Sexual Conduct with a Young Person under 16

Section, act, imprisonment

ingredients

A

Sexual Conduct with a Young Person under 16

Section 134(1), Crimes Act 1961, 10 years imprisonment

ingredients.

Everyone

Has sexual connection

with a young person

33
Q

Sexual Conduct with a Young Person under 16

Section 134(1), Crimes Act 1961,

10 years imprisonment

List the Ingredients along with titles of definitions and case law

A

Sexual Conduct with a Young Person under 16

Section 134(1), Crimes Act 1961,

10 years imprisonment

ingredients.

Everyone

Person

Has sexual connection

Sexual Connection - S.2 Crimes Act 1961

Penetration - S.(1A) Crimes Act 1961

Proof of penitration is required

Genitalia S.2 Crimes Act 1961

R v Koroheke

with a young person

Young Person - 136(6)(a)

Proving age - R v Forrest and Forrest

34
Q

Sexual Conduct with a Young Person under 16 (indecent act)

Section, act, imprisonment

ingredients

A

Sexual Conduct with a Young Person under 16 (indecent act)

Section 134(3) Crimes Act 1961,

7 yrs imprisonment

ingredients

Everyone

Does an Indecent Act

On a young person

35
Q

Sexual Conduct with a Young Person under 16 (indecent act)

Section 134(3) Crimes Act 1961,

7 yrs imprisonment

List the Ingredients along with titles of definitions and case law

A

Sexual Conduct with a Young Person under 16 (indecent act)

Section 134(3) Crimes Act 1961,

7 yrs imprisonment

ingredients

Everyone

Person

Does an Indecent Act

Indecent act

Indecency - R v Court

If act done with concent of young person Immaterial whether

Indecent act includes indecent assault - S134(6)(b)

On a young person

Young Person - S.134(6)(a) Crimes Act 1961

Proving Age R v Forrest and Forrest

36
Q

Define a young person

A

Young person:

Sec. 134(6)(a), Crimes Act 1961

Young person means a person under the age of 16 years

37
Q

Indecent Assault

section, act, imprisonment

ingredients

A

Indecent Assault

Section 135 Crimes Act 1961,

7 yrs imprisonment

Ingredients

Everyone who

Indecently Assaults

Another person

38
Q

Indecent Assault

Section 135 Crimes Act 1961,

7 yrs imprisonment

List the Ingredients along with titles of definitions and case law

A

Indecent Assault

Section 135 Crimes Act 1961,

7 yrs imprisonment

Ingredients

Everyone who

Person

Indecently Assaults

Indecent Assault - R v Leeson

Indecent act

Indecency

Assault - S.2 Crimes Act 1961

Another person

Person

39
Q

Discuss Indecent Assault

A

Indecent Assault:

R v Leeson

The definition of “indecent assault” … is an assault accompanied with

circumstances of indecency…

40
Q

Indecency case law

A

R v Court

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

41
Q

Define assault in indecent assault

A

Assault:

Sec. 2, Crimes Act 1961​

Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any 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; and to assault has a corresponding meaning.

RTS:

Must include:

  • What constituted an assault including how the act was intentional
  • What made the assault indecent
42
Q
A

CIB induction May 2016 (12 decks)

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