Sexual Offences

Question 1

When is the offence of sexual grooming, s131B(1)(a), C.A 1961 complete?

Answer 1

• 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

Question 2

When can a previous consistent statements be admitted?

Answer 2

As rebuttal evidence only

Question 3

How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?

Answer 3

at least 7 days

Question 4

A child under 12 years can give consent in rare and exceptional circumstances?

Answer 4

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.

Question 5

3 types of ASAI complaint types are?

Answer 5

Acute, Non acute and Historic

Question 6

What is the principle difference between rape and unlawful sexual connection?

Answer 6

“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainant’s genitalia by the offender’s penis.

Question 7

To be guilty of attempted sexual violation, what must the Crown prove?

Answer 7

• 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.

Question 8

In practice what is the best evidence that should be used as proof of a child’s age?

Answer 8

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.

Question 9

What is the purpose of a preliminary interview?

Answer 9

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.

Question 10

Define Sexual Connection - s2, C.A1961?

Answer 10

(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.

Question 11

Define Unlawful Sexual Connection?

Answer 11

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.

Question 12

Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?

Answer 12

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

Question 13

Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy?

Answer 13

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).

Question 14

Name three circumstances where Police would remove a child from a household:

Answer 14

• Serious Wilful neglect
• Serious physical abuse
• Sexual assault

Question 15

s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?

Answer 15

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

Question 16

In what other ways can a witness give evidence?

Answer 16

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).

Question 17

Before attending a Medical Examination, what should you explain to a victim?

Answer 17

• 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.)

Question 18

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?

Answer 18

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 19

Define R v Cox

Answer 19

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

Question 20

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 20

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

Question 21

Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?

Answer 21

Yes it is, an adoptive parent is a ‘parent’ thus incest.

Question 22

At what age does a file become an ASAT file?

Answer 22

17 years or older at the time of making the complaint NOT 16

Question 23

No question can be put to the victim regarding… (S44, Evidence Act 2006)

Answer 23

• previous sexual history with any person other than the defendant

Question 24

What 3 things must the Crown prove in relation to an Indecent Assault?

Answer 24

• defendant intentionally assaulted the complainant
• the circumstances accompanying the assault were indecent
• the defendant intended the conduct that a reasonable person would find indecent

Question 25

Can a 17 year old uncle be charged with failing to protect a child?

Answer 25

offenders must be from the same household, or visit frequently. must be over 18 years of age.

Question 26

Define Consent?

Answer 26

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

Question 27

R v LEESON?

Answer 27

The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…(R v Leeson)

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

Question 28

Outline the definition for invalid consent - s128A, C.A 1961?

Answer 28

A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent:
• not protesting or offering physical resistance use of force, threats of force, or fear of force
• asleep or unconscious
• so affected by alcohol or drugs they cannot consent
• so affected by their mental or physical impairment they cannot consent
• mistaken ID
• mistaken as to the nature and quality of the act

Question 29

Before attending a MEK, what should you remind the victim?

Answer 29

• no eating or drinking
• no going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
• no washing or showering
• no washing of hands or biting fingernails
• no changing clothing
• no smoking
• no brushing or combing hair
• no brushing teeth or rinsing their mouth

Question 30

In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

Answer 30

Section 87 Privacy as to witness’s precise address
(2) if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice.

Question 31

When is the offence of having exploitative sexual connection with a person with a significant impairment (S138, CA61) complete: (p59)

Answer 31

If he or she -

(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

Question 32

The mnemonic CALM TEA stands for:

Answer 32

• Conduct your dealings in a sensitive & concerned manner.
• Accept they are telling the truth until/unless there is evidence to prove the contrary.
• Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
• Establish whether they require Medical attention.
• Treat them courteously.
• Explain the process you are following an why you need to follow that process and ask certain questions.
• Advise them of the local counselling services available.

Question 33

Section 129A(5), C.A 1961 – Sexual Conduct with consent induced by certain threats…..?

Answer 33

(5) The kinds of threat referred to in subsections (3) and; (4)(a) are –
(a) a threat that the person making the threat or some other person will
commit an offence that –
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and

(b) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about
whom the accusation or disclosure is made; and

(c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of-
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting.

Question 34

Outline the ingredients for Indecent Assault – Section 135, C.A 1961

Answer 34

1. 1 Everyone who
2. 2 Indecently Assaults
3. 3 Another person

Question 35

What should be the two principal objectives of a doctor conducting the med exam of the victim of a suspected child sexual abuse?

Answer 35

• Determines treatment and protection

- Provides evidential material

Question 36

What are the three things the crown must prove for an indecent assault?

Answer 36

• The defendant intentionally assaulted the complainant
• The circumstances accompanying the assault were indecent
• The defendant intended the conduct that a reasonable person would find indecent

Question 37

Acute

Answer 37

within 7 days of sexual assault

Question 38

Non acute

Answer 38

at 7 days or more days after the sexual assault but before 6 months

Question 39

Historic

Answer 39

After 6 months of the sexual assault

Question 40

What are the three key areas to determining seriousness of child abuse?

Answer 40

• The action of the abuse
• The injury inflicted and
• The circumstances (Factors of the case)

Question 41

Under S128A, what are some of the circumstances do not constitute consent?

Answer 41

• Not offering physical resistance to use of force, fear or threat of force
• Asleep or unconscious
• Affected by alcohol or drugs
• Mental or physical impairment
• Mistaken ID
• Mistaken as to nature and quality of the act