Sexual Offences. Flashcards
List the two foms of sexual violation
- Rape
- Unlawful sexual connection
Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961
The punishment for sexual violation is imprisonment for a term not exceeding 20 year, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule.
Define the term ‘genitalia’.
Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation. It does not include pubic hari or breasts. It also includes surgically construted organs.
In negating consent, the crown has to prove on of three things. List the three things.
- The victim did not consent, or
- The victims consent was not valid, or
- The accused did not believe on reasonable grounds that the victim was consenting.
Discuss the two elements that need to be proved in a charge of assault with intent to commit sexual violation, section 129 crimes act 1961.
- The offender assaulted the victim and
- Intended to commit sexual violation
What is the definition of ‘consent’.
‘Consent’ is a persons conscious and voluntary agreement to something desired or proposed by another
Define ‘sexual connection’
Sexual connection means….
a) Connection effected by the introduction into the genetalia or anus of one person, otherwise than for genuine medical purposes, of:-
- A part of the body of another person, or
- An obect held or mnipulated by another person, or
b) connection between the mouth or tounge 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 (b)
Discuss the statutory defence for s13A - sexual conduct with a young person under 16 years.
There is a statutory defence for sexual conduct with a young person (s134A). This statutory defence applies only when:
- The person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
- The person charged belieed on reasonable grounds that the young person was aged 16 or over, and
- The young person consented to that sexual connection
Define sexual conduct with a child under 12.
Sexual conduct with a child under 12 is:
- Sexual connection with a child
- Attempted sexual connection with a hild; and
- Does an indecent act on a child
Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy.
Yes, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (S134, Crimes Act 1961)
Define ‘indecent act’
‘Indecent act’ is generally accepted as an act accompanied by circumstances of indecency.
Indecent acts are usually consensual acts. IN age-specific sexual offences, doing an indecent act with a child or young person can also include indecently assaulting that child or young person.
List 3 grounds on which a direction can be made under s103(3) of the evidence act 2006 in regards to a witness giving evidence in an alternative way.
Under S103(3):
(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of -
(a) The age or maturity of the witness
(b) The physical, intellectual, psychological, or psychiatric impairment of the witness
(c) The trauma suffered by the witness
(d) The witness’s fear of intimidation
(e) The linguistic or cultural background or religious beliefs of the witness
(f) The nature of the proceeding
(g) The nature of the evidence that the witness is expected to give
(h) The relationship of the witness to any party to the proceeding
(i) The abscence or likely abscence of the witness from NZ
(j) Any other ground likely to promote the ourpose of the act
Discuss the requirement under reg28 of the evidence regualations 2007.
Prosecutor to give transcript to defence before preliminary hearing or defended summary hearing.
(1) The prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendants lawyer-
(a) If there is to be a prelim hearing, at leats 7 days before the date on which a video record is given in evidence at prelim hearing
(b) If the defendant is to be tried summariy, as soon as it is reasonably practible after the defendant has pleaded not guilty
(2) The transcript is to be prepared by Police
(3) The Court may adjourn the hearing to allow a further time for the defendant to consider transcript if satisfied that sub-clause (1) has not been complied with.
List three ways under S10 that a witness may give evidence.
The witness may give evidence:
1) While in the courtroom but unable to see the defendant or some other specified person (Screens), OR
2) From an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV, OR
3) By a video record made before the hearing of the proceedin. (Video recording)
List 4 things victims should refrain (where possible) before a medical examination.
Remind the victim:-
1) No eating or drinking
2) No going to the toilet (If necessary, use a toxicology kit to capture urine and ask female victim not to wipe)
3) No washign or showering
4) No washing of hands or biting fingernails
List the points that you would cover with a victim to explain the medical forensic examination procedure.
- That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault.
- The benefits of a full medical forensic examination including:-
a) The potential benefit to their physical, sexual and mental health
b) How the examination can help Police obtain evidence to apprehend the offender. - The expected time for the examination and, if appropriate, possible outcomes of the examination
- Ask the victim if they have any concerns about the gender of the practitoner conducting the examination and advise you will do your best to acomodate their wishes.
When interacting with victims of sexual offences, what actions should you take to provide a safe and secure environment in which they may regain some conrtol of their lives.
- Conduct your dealings in a sensitive and concerned manners
- Accept they are telling the truth until/unless there is evidence to prove the contrary
- isten to what they tell you, giving them the opprtunity to tell their account in their words, even just to vent their feelings.
- Establish whether they require medical attntion
- Treat them courteously
- Explain the process you are following and why you need to follow that process and ask certain questions.
- Advise them of the local counselling services available.
List the three areas to consider when determining “seriousness of physical abuse” (referral as a CPP case)
- The action of the abuse
- THe injury inflicted, and
- The circumstances