Sexual Offences

Question 1

Full Ing and Definitions: Indecent act on a child

Answer 1

Sexual conduct with a child (indecent act) s.132(3) 10 yrs

A PERSON: GN P by JN or C.

DOES AN INDECENT ACT:

Indecent act:

an act that is indecent has a sexual connotation and involves conduct directed at a person that is offensive to public moral values.

R v COURT

Indecency means conduct a right thinking person would consider an affront to the sexual modesty of the complainant.

When a person does an indecent act on a child it is irrelvant whether:

1) the person does the act on the child
2) the child does the act on the offender
3) the acts are mutual.

S.128(6)(b): an indecent act on a child includes indecently assaulting a child.

ON A CHILD:

Child means any person under 12 years of age.

R v FORREST and FORREST

The best evidence possible in the circumstances should be adduced by th pros. in proving the victims age.

In practise this generally means producing the victim bith certificate in conjunction w independant evidence that identifies the person named in the certificate.

Question 2

Ing: sexual conduct (indecent act) with a young person.

Answer 2

S.134(3) 7 yrs

A person

Does an indecent act

With a young person

Question 3

Ing: indecent assault

Answer 3

S.135

7 years

A Person

Indecently assaults

Another person.

Question 4

Ing: sexual conduct (indecent act) with a child

Answer 4

S.132(3)

10yrs

A person

Does an indecent act

On a child

Question 5

R V KOROHEKE

Answer 5

The genitalia comprises the reproductive organs interior and exterior. they include the vulva and labia both interior and exterior at the opening of the vagina.

Question 6

R V COX

Answer 6

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

Question 7

R V GUTUAMA

Answer 7

Under the objective test the crown must prove that “no reasonable person in the accuseds shoes could have thought that the complainant was consenting.

Question 8

R V HARPUR

Answer 8

the court may have regard to the conduct viewed cumulatively up to the point where the conduct in question stops. The Defendants conduct may be viewed in its entirety, considering how much more is to be done is always relevant although not determinative.

Question 9

R V FORREST and FORREST

Answer 9

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

Question 10

R V COURT

Answer 10

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

Question 11

R V LEESON

Answer 11

The definition of indecent assault is an assault accompanied by circumstances of indecency.

Question 12

Ing and Definition: Rape s128(1)(a) 20y

Answer 12

RAPE s128(2) Person A rapes Person B if Person A has sexual connection with Person B effected by the penetration of Person B’s genitalia with Person A’s penis. (a) w/out PB’s consent to the connection OR (b) w/out believing on reasonable grounds PB consented to the connection.

Question 13

Definition: Penetration

Answer 13

PENETRATION s2(1A)

Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection.

Proof of penetration is required and may be provided by: * Complainants evidence * medical examination (DNA,injuries) *Offenders admissions

Question 14

Definition: Genitalia and Penis

Answer 14

Genitalia includes any surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (wether the person concerned is male/female or indeterminate sex) Penis includes any surgically constructed or reconstructed organ analogous to a naturally occurring penis (Whether the person concerned is male/female/indeterminate sex)

R V KOROHEKE The genitalia comprise he reproductive organs interior and exterior and include the Vulva and Labia interior and exterior at the opening of the vagina.

Question 15

Definition: Consent

Answer 15

Consent is a persons conscious and voluntary agreement to something desired or proposed by the other.

R V COX Consent must be full, voluntary, free and informed, free and voluntary given by someone in a position to form a rational judgment.

Question 16

Matters that do not constitute consent

Answer 16

128A

1) not protesting or offering physical resistance to use of force or application of force to self or another, threats of force to self or another or fear of force to self or another. 2) asleep of unconscious. 3) so affected by drugs/alcohol they cant consent. 4) so affected by mental/physical impairment they cant consent. 5) mistaken ID 6) mistake as to the nature and quality of the act.

Question 17

Reasonable grounds (consent)

Answer 17

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 was not consenting did the defendant 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; would a reasonable person believe if placed in the defendants position.

R V GUTUAMA Under the objective test the crown must prove that no reasonable person in the defendants shoes would have thought the complainant was consenting.

Question 18

Definition Sexual Violation

Answer 18

S.128 (1)

Sexual Violation is the act of a person who:

(a) rapes another person
(b) has unlawful sexual connection with another person

Question 19

Definition: Rape

Answer 19

s128(2)

Person A rapes person B if PA has sexual connection with PB effected by the introduction to the genitalia of PB by PA’s Penis

(a) w/out PA’s consent
(b) w/out beleiving on RG that PB consents

Question 20

Definition: Unlawfull Sexual Connection

Answer 20

S.128(3)

Person A has Unlawful Sexual Connection with Person B if PA has sexual connection with PB

(a) w/out PB’s consent (b) w/out believing on RG that PB consents

Question 21

Definition: Sexual Connection

Answer 21

s2 CA61

(a) connection effected by introduction into the Genitalia or Anus of one person other than for medical purposes, of (1) a part of the body of another person (2) a part of any object held or manipulated by another person (b) connection between the mouth and tongue of one person and a part of another persons genitalia or anus. (c) The continuation of a connection described in (a) or (b)

Question 22

definition ingredient: Child

Answer 22

s.132(6)(a)

Child means a person under the age of 12.

R V FORREST &; FORREST

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

In practise this generally involves producing the birth certificate of the victim in conjunction with independent evidence that identifies the victim as the person named in the birth certificate.

Question 23

Full ingredients and definition: Sexual Connection with a child

Answer 23

Sexual Connection with a child

s 132 (1) 14 years

A PERSON:

gender neutral provn by judicial notice or circumstantially

HAS SEXUAL CONNECTION

Sexual Connection s.2 CA61 (a) Connection is effected by the introduction into the genitalia of one person by other than for medical purposes of: (1) any part of the body of a/n prsn (2) any part of any objct held or manipulated by a/n prsn (b) connection btween the mouth and tongue of one person & any part of the G. or A. or a/n prsn. (c) any continuance of the acts described in (a) or (b)

PENETRATION introduction and penetration mean the same. Introduction to the slightest degree is sufficient to effect connection. Penetration may be proved by: *complainants evidence * medical evidence *defendants admissions

Genetalia (s.2 CA61) includes any surgically constructed or reconstructed organs analogous to natural genitalia of any prsn (whether M/F/IS)

R v KOROHEKE Genetalia comprises the reproductive orgns int and ext and includes the Vulva and Labia at the opening of the vagina.

CHILD means any person under 12. s.132(6)(a)

Rv FORREST & FORREST the best evidence possible in the circum. shld be adduced by the prosecution in proving the victims age. In practice this generally means producing the victims birth cert. in conjunction w. independent evidence identifying the prsn named in the cert. as the victim.

Question 24

Full ing and definition: Sexual Violation by U/L Sexual Connection

Answer 24

Sexual Violation by U/L Sexual Connection

s.128(1)(b) 20 years

A PERSON G.N. priven by J.N. or circum.

Has U/L SEXUAL CONNECTION Unlawful sexual connection: s.129(2) (1) PA has U/L Sex Connex. with PB is PA has sex connex w PB (a) w/o PB cosent (b) w/o Beleiving on RG’s PB consents Sexual Connection s.2 (a) Connection effected by the introduction into the G. or A. of one prsn other then 4 medical purposes of: (i) any part of th body or a/n prsn (ii) any part of any object held or manipulated by a/n prsn (b) connect. btwn th mouth or tongue of one prsn and theG. or A. of anthr. (c) any continuance of the acts described in (a) or (b).

Penetration: Introduction has the same meaning as penetration. Introduction even to the slightest degree is enough to effect connection. Genitalia includes any surgically constructed or reconstructed organ analogous to a natural genitalia of a person wthr M/F/IS.

R v KOROHEKE Genitalia comprises the reproductive organs both int and ext and includes th vuvla and labia int an ext at the opening of the vagina.

CONSENT: Consent is a person concious and voluntary aggreement to something desired or proposed by another.

R v COX consent is a persons full voluntary free and informed decision, freely and voluntarily given by a person in a position to form rational judgment.

MATTERS that DO NOT CONSTITUTE CONSENT s.128A CA61:

1) not protesting or offering physical resistance to the use of force, application of force to self or a/n, threats of force to self or a/n, fear of force to self or a/n. 2) assleep or unconscious 3) so affected by drugs or alcohol they they cannot consent. 4) so affected by mental/physical impairment they cannot consent. 5) mistaken identity 6) mistaken to the nature and quality of the act. Reasonable Grounds: the establishment of RG’s is a 3 step process.

Sub Test step 1: Absence of consent: what was the complainant thinking at the time, ie was she consenting.

Sub test step 2: belief in consent if she was not consenting did the offender believe she was consenting, ie what was the offender believing at the time.

Objctve test step 3: RG’s for belief in consent: if the offender believed the complainant was consenting was that reasonable in the circumstances, ie what would a reasonable person have believed if placed in the same position as the defendant.

R v GUTUMANA under the objective test the crown must prove: “no reasonable person in the defendants shoes would have thought the complainant was consenting.

With A/N PERSON G.N. P by J.N. or circum.

Question 25

Full ingredients and definitions: Sexual Violation by Rape

Answer 25

Sexual Violation by Rape s.128(1)(a) 20 years

A PERSON: GN proven by JN or C.

RAPES

Rape s.128(2)

PA rapes PB if PA has a Sex connex with PB effected by penetration of the G. of PB by the penis of PA (a) w/o PB’s consent (b) w/o believing on RG’s PB consents to the connection. Sexual Connection: s2 (1A) (a)Sex connex is the introduction into the genitalia or anus of one person other then for medical purposes of: (i) any part of th body of a/n p. (ii) any part of any object held or manipulated by a/n p. (b) connex betwn the mouth & tongue of one person and any part of the G. or A. of another (c) any continuance of the acts des. in a/b

Penetration: introduction and penetration have the same meaning. introduction to the slightest degree is sufficient to effect connex.

PROOF O PENETRATION I REQUIRED: Penetration can be proven by: * complainants evidence * medical evidence * defendants admissions Genitalia includes the surgically constructed or reconstructed organs analogous to the naturally occurring genitalia of any P. (w M/F/IS)

Rv KOROHEKE Genitalia comprises the reproduction organs int and ext including the vulva and labia int and ext at the opening of the vagina. Penis includes the surgically constructed or reconstructed organs analogous to the naturally occurring Penis of any P. (w M/F/IS)

Consent: consent is a persons conscious and voluntary agreement to something desired or proposed by another

R v COX Consent is free, voluntary, full and informed decision, free and voluntarily given by some1 in the position to form a rational judgment. Matters tht do not constitute consent: 1) not protesting or offering physical resistance to the use of force, application of force to self or a/n, threat of force to self and a/n, fear of force to self or a/n 2) assleep and unconscious 3) so impaired by drugs or alcohol that they cannot consent. 4) so impaired by physical/mental impairment thy cannot consent. 5) mistaken id 6) mistaken to nature and quality of the acts.

Reasonable Grounds The test for reasonable grounds is a 3 step process. Subjective test; Step 1; absence of consent. was the complainant consenting, ie what was the complainant thinking. Subjective test; step 2; belief in consent. If the complainant was not consenting did the offender believe she was consenting. Objective test step 3 Reasonable grounds for belief in consent. Would a right thinking person in the defendants position believe the complainant was consenting.

R v GUTUAMA Under the objective test the crown must prove that “no reasonable person in the defendants shoes would have thought that the complainant was consenting”

ANOTHER PERSON

Question 26

Full ing and definition:

Sexual connection with a child

Answer 26

Sexual connection with a child

s.132(1)

14 years

Has SEXUAL CONNECTION

Sexual connection: s.2 CA61

(a) Connection is effected by the introduction into the genitalia or anus of one person other than for medical purposes by:
(i) any part of the body of another person
(ii) any part of any object held or manipulated by another person
(b) connection between the mouth and tongue of one person and any part of the genitalia and anus of another.
(c) any continuance of the acts described in a or b.

PENETRATION:

Introduction has the same meaning as penetration

Introduction to the slightest degree is enough to effect penetration.

Proof of penetration is required:

Penetration may be proved by:

* Complainants evidecne

* medical evidence (injuries/DNA)

* Defendants admissions.

GENITALIA s.2CA61

Genitalia includes the surgicially constructed and reconstructed organs analogous to any naturally occuring genitalia of any person (whether Male/female/indeterminate sex)

R V KOROHEKE

Genitalia comprise the reproductive organs internally and externally including the vulva and labia internaleyy and externally at the opening of the vagina.

WITH A CHILD

Child means any perosn under 12 years of age. s.132(6)(a)

R v FORREST and FORREST

the best evidence possible in the circumstances should be adduced by the prosecution as to the victims age.

In gractise this generally involves the producig of the victims birth certificate in conjunction with independant evidence as to the identity of the person named on the birth certificate.

Question 27

ingredients and full definition:

sexual conduct with a young person (sexual connection)

Answer 27

Sexual Conduct with a young person

s.134(1) 10 years

Any Person

GN proven by JN or Circum.

HAS SEXUAL CONNECTION

Sexual connection

(a) sexual connection is effected with the introduction into the genitalia or anus or one person other than for medical purposes by;
(i) any part of the body of a/n person
(ii) any object held or manipulated by a/n person
(b) connection between the tongue or mouth or one person and any part of the genitalia or anus of a/n person
(c) any continuance of the acts described in (a) and (b)

PENETRATION

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect connection

PROOF of PENETRATION is REQUIRED

Pentetration may proved by;

*complainants evidence

*medical evidence

*defendants admissions

Genitalia s.2CA61

Genitalia include the surgicially constructed and reconstructed organs analogouse to any naturally occuring genitalia of any person whether male/female or indeterminate sex.

R v KOROHEKE

genitlia comprises the reproductive organs interior and exterior including the vulva and labia interior and exterior at the opening of the vagina.

WITH A YOUNG PERSON

s.134(6)(a) young person means any person under the age of 16.

R v FORREST and FORREST

the possible evidence in the circumstances should be adduced by the prosecution in proving the victims age.

In practise this generally means the producing of the victims brith certificate in conjunction with independant evidence as to the identitiy of the person named on the birth certificate.

Question 28

Ingredients and definitions:

Sexual conduct (indecent act) with a Young Person

Answer 28

Sexual Conduct (indecent act) with a young person

s.134(3)

7 years

A PERSON

DOES AN INDECENT ACT

indecent Act:

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

R v COURT (Indecency)

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

If such an act is done on a young person it is imeterial whether:

* the offender does the act on the YP

* The YP does the act on the Offender

* the act is mutual

s.134 (6)(b) Doing an indecent act on a YP includes indecently assaulting a YP.

YOUNG PERSON

s.134(6)(a) means any person under 16.

R v FORREST and FORREST

the best evidence possible in the circumstances should be adduced by the prosecution in proving the victims age.

In practise this generally means producing the birth certificate of the person in conjunction with independant evidence as to the identity of the person named in the birth certificate.

Question 29

Ing and definition:

Indecent assault

Answer 29

indecent assault

s.135

7 years

A PERSON

INDECENTLY ASSAULTS

Rv LEESON (indecent assault)

An indecent assault assault is an assault acompanied by cricumstance os indecency.

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)

Indecency means conduct that a right-thinking person will consider an affront to the public moral values of the complainant.

Assaults s.2 CA61

The act or intentionally applying or attempting to apply force to the person of another whether directly or indirectly or threatening by any act or gesture to apply such force to the person of another if the person making the threats causes the other to believe on reasonable grounds that they have the present ability to effect their purpose.

ANOTHER PERSON

Question 30

What are the statutory defences to Sexual conduct with a young person?

Answer 30

They made reasonable steps to ascertain that the young person was at least.

Beleived on reasonable grounds young person was at least 16.

The young person consented.