Sexual Offences Flashcards
List the tops and sides of Sexual Violation by Rape
Sexual Violation by Rape
Section 128(1)(a) CA61
20 years
- 1 A person
- 2 rapes
- 3 Another person
Rape Section 128(2) Crimes Act 61
Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B’s genitalia by person A’s penis and
Without person B’s consent to the connection and
Without believing on reasonable grounds that person B consented to the connection.
Penetration section 2 (1A) Crimes Act 1961
Penetration and introduction have the same meaning.
Introduction to the slightest degree is enough to effect a connection.
Proof of penetration is required
Proof may be provided by
Complainants evidence
Medical examination (DNA injuries)
Accused admissions
Genitalia
The genitalia or genitals (literally: organs of generation) include the penis and testicles of a male, and the vagina and vulva of a female.
Genitalia -Section 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)
R V KOROHEKE
Genitalia comprise the reproductive organs, interior and exterior, includes the vulva and both interior and exterior at the opening of the vagina
Penis
The male organ of reproduction
Penis Section 2, crimes act 1961
Includes a surgically constructed or reconstructed organ analogous to naturally occurring penis (whether the person concerned is male, female or of indeterminate sex
Consent
Consent is a persons conscious and voluntary agreement to something desired or proposed by another.
R V COX
Consent must be full, free and informed. Freely and voluntarily given by a person in a position to form a rational judgment.
Non consent under certain circumstances - Section 128A ca 61
A person does not consent to sexual activity under certain circumstances.
Maters that do not constitute consent
- Not protesting or offering resistance
- Use of force, threat of force, fear of force
- Asleep or unconscious
- So effected by drugs/alcohol they cannot consent
- So effected by mental/physical impairment they cannot consent
- mistaken ID
- Mistaken as to nature and quality of the act
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 she consenting?
Subjective Test - Step 2
Belief in consent
If she wasn’t consenting did the offender believe she was consenting. Ie what was the offender thinking at the time?
Objective Test - Step 3
Reasonable grounds for belief in consent
If the defendant 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?
R V GUTUAMA
Under the objective test the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
List the tops and sides for Sexual Violation by Unlawful Sexual Connection
Sexual Violation By Unlawful Sexual Connection
Section 128(1)(b)
20 years
- 1 A person
- 2 Has unlawful sexual connection
- 3 With another person
Unlawful Sexual Connection - Section 128(3) CA61
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
- without Person B’s consent to the connection and
- without believing on reasonable grounds that person B was consenting to the connection.
Sexual Connection S2 CA61
A) Connection effected by the introduction into the anus or genitalia, otherwise than for genuine medical purposes of:
I) A part of the body of another person
II) an object held or manipulated by another person
B) connection between the mouth or tongue of one person and part of another persons genitalia or anus.
C) The continuation of a connection of the kind described in Paragraph (a) or paragraph (b)
Anus
Not included within the definition of genitalia. Has its normal meaning.
Part of the body
Connection can be completed by any part of the body, usually refers to the hands and fingers used to penetrate the victims genitalia or anus.
Objects
Any object that can be held or manipulated by the other person eg. Bottle or vibrator.
Connection
In the case of oral sexual connection it is not necessary for there to be penetration; any touching of a persons genitalia or anus by another persons mouth or tongue is sufficient.
Mouth or tongue
Not defined normal meaning
Continuation
The definition of Sexual Connection includes the continuation of such acts, capturing situations where sexual activity is started consensually, but consent is later withdrawn.
R V KAITAMAKI
If, after he has penetrated a woman, a man realises that she is not consenting (or has never consented) but he continues… That act of intercourse then becomes rape.
List the tops and sides for Assault with intent to commit sexual violation
Assault with intent to commit sexual violation Sec 129 (2) C.A.61 10 years
- 1 A person
- 2 Assaults another person
- 3with intent to commit sexual violation
- 4 of the other person
Assault
Sec 2 crimes act 61
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 he has the present ability to effect his purpose; and to assault has a corresponding meaning.
List the tops and sides of sexual conduct with a dependant family member.
Sexual Conduct with a dependant family member
Section 131 (1) Crimes Act 1961
Penalty 7 years
- 1 A person
- 2 Has sexual connection
- 3 With a dependant family member under the age of 18 years
Dependant Family Member Section 131A (1) (a) CA61
For the purposes of section 131, one person is a dependant family member of another person
(A) if the other person has power or authority over him or her, and is
(I) his or her parent, step-parent, foster-parent, guardian, aunt or uncle; or
(II) a parent, step parent or foster parent of a person described in sub-paragraph (I)
(III) a child of his or her parent or step parent; or
(IIII) a spouse or defecto-partner described in sub paragraph (I) or sub paragraph (II) or sub paragraph (III)
Dependant family member Section 131A (1)(b)
If they are members of the same family, whanau, or other culturally recognised group, and the other person
(I) is not referred to a paragraph (a) and
(II) has a responsibility for, or a significant role in his or her care, or upbringing.
Dependant family member Section 131A (1)(c)
If he or she is living with the other person as a member of the other persons family and the other person is not a person referred to in paragraph (a), but has
(I) power or authority over him or her; and
(II) a responsibility for, or a significant role in his or her care or upbringing.
Section 131A (2) CA61 In subsection (1)
Aunt - in relation to a person, includes a half-sister of one of the persons parents
Uncle - in relation to a person, includes a half-brother of one of the persons parents
Foster parent - includes a former foster parent
Step parent - includes a former step parent
Guardian - (a) means guardian by virtue of the Guardianship Act 1968 or the Children, Young Person and their Families Act 1989; and (b) includes a former guardian.
Proving Age
Generally involves production of the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
List the tops and sides for indecent act on a child
Indecent act on a child
Sec 132(3) ca61
Penalty 10 years
- 1 Any person
- 2 does an indecent act
- 3 On a child
Indecent Act
An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.
R v COURT
Indecency means conduct that right minded people will consider an affront to the sexual modesty of the complainant.
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
Section 132(6)(b) ca 61
Doing an indecent act on a child includes indecently assaulting the child
Child - Section 132(6)(a) ca 61
Child means a person under the age of 12
R V FOREST and FOREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
List the tops and sides for sexual conduct with a young person
Sexual conduct with a young person
134(1) CA61
Penalty 10 years
- 1 A person
- 2 has sexual connection
- 3 a young person
Young person - Section 134 (6)(a)
Means a person under the age of 16 years
List the tops and sides for Indecent act on a young person.
Indecent Act on a young person
Sec 134(3) Ca61
Penalty 7 years
- 1 Any person
- 2 does an indecent Act
- 3 on a young person
Iist the tops and sides for indecent Assault
Indecent Assault
Sec 135 CA61
Penalty 7 years
- 1 any person
- 2 indecently Assaults
- 3 Another person
R V LEESON
The definition of indecent assault is an assault accompanied with circumstances of indecency.
