Sexual Offences Flashcards
When is the offence of sexual grooming, s131B(1)(a), C.A 1961 complete?
- when the offender intentionally meets the young person
- when the offender travels with intention of meeting the young person
- when the offender arranges for or persuades the young person to travel with the intention of meeting him or her
When can a previous consistent statements be admitted?
As rebuttal evidence only
How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?
at least 7 days
A child under 12 years can give consent in rare and exceptional circumstances?
R v COX – The circumstances that would justify that conclusion would be exceptional if not rare. A ten or eleven year old child may know what sexual intercourse is. She may indicate her agreement, but save in such exceptional and rare circumstances, she will not, simply because of her age and stage of sexual development, understand the significance of the act. In
that sense, therefore, any consent she may purport to give will not be a legal consent because it will not be either rational or informed.
3 types of ASAI complaint types are?
Acute, Non acute and Historic
What is the principle difference between rape and unlawful sexual connection?
“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainant’s genitalia by the offender’s penis.
To be guilty of attempted sexual violation, what must the Crown prove?
- intended to have sexual connection with the complaiant, and
- The complainant did not consent to the intended sexual connection, and
- The defendant did not believe on reasonable grounds that the complainant was consenting.
In practice what is the best evidence that should be used as proof of a child’s 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.
What is the purpose of a preliminary interview?
The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine:
• What further investigative actions are necessary
• Whether an offence may have occurred, and
• Whether the victim wishes to make a formal complaint.
Define Sexual Connection - s2, C.A1961?
(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) any object held or manipulated by another person; or
(b) a connection between the mouth or tongue of one person and part of another person’s genitalia or anus; or
(c) The continuation of a connection of a kind as described in paragraph a or paragraph b.
Define Unlawful Sexual Connection?
Person ‘A’ has unlawful sexual connection with person ‘B’ if person ‘A’ has sexual connection with person ‘B’
(i) without person ‘B’s consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was consenting to the connection.
Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?
a) 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
b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 years; and
c) the young person consented
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(1), C.A 1961).
Name three circumstances where Police would remove a child from a household:
- Serious Wilful neglect
- Serious physical abuse
- Sexual assault
s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?
The offence applies to:
• Members of the same household as the victim
• People who are staff members of any hospital, institution or residence where the victim resides.
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
• Knows (mens rea) the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person; and
• Fails (actus reus) to take reasonable steps to protect the victim from that risk.
NOTE:
Where the person at risk is a child, it will need to be shown that they were:
• Under the age of 18 at the tiem of the offence, and
• The defendant was over the age of 18
In what other ways can a witness give evidence?
S105 (1)(a) Evidence Act 2006.
(i) while in the courtroom but unable to see the defendant or some other specified person (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) by a video record made before the hearing of the proceeding (DVD recording).
Before attending a Medical Examination, what should you explain to a victim?
- 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:
- potential benefit to their physical, sexual and mental health
- 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
Ask the victim if they have any concerns about the gender of the practitioner conducting the examination & advise that you will do your best to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue & indicate a preference for examination by a female.)
What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case?
- the action of the abuse
- the injury inflicted, and
- the circumstances (factors of the case)
Define 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 judgement”.
In negating consent, the Crown has to prove one of three things. List the three things.
In proving that consent was not present in a case of sexual violation, the Crown must prove that:
• the victim did not consent, or
• the victim’s consent was not valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting
Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?
Yes it is, an adoptive parent is a ‘parent’ thus incest.
At what age does a file become an ASAT file?
17 years or older at the time of making the complaint NOT 16
No question can be put to the victim regarding… (S44, Evidence Act 2006)
• previous sexual history with any person other than the defendant
What 3 things must the Crown prove in relation to an Indecent Assault?
- defendant intentionally assaulted the complainant
- the circumstances accompanying the assault were indecent
- the defendant intended the conduct that a reasonable person would find indecent
