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CIB Modules DWD > Sexual offences > Flashcards

Sexual offences Flashcards

1
Q

List two forms of sexual violation

A

Sexual violation by rape and sexual violation by unlawful sexual connection

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2
Q

Discuss the penalty provisions for sexual violation as set out in S128B of the Crimes Act 1961

A

Section 128B of the crimes act outlines that the punishment fir sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule

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3
Q

Define the term genitalia

A

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)
Section 2 Crimes Act

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4
Q

In negating consent the Crown has to prove 3 things, list the three things

A

In proving consent was not present in a case of sexual violation the crown must prove that:

  • 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
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5
Q

Discuss the two elements that need to be proved in a charge of Assault with intent to commit sexual violation, S 129 CA61

A

The two elements to be proved in the charge of Assault with intent to commit sexual violation are that the offender

  • Assaulted the victim and
  • Intended to commit sexual violation
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6
Q

What is the definition of consent

A

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

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7
Q

Define sexual connection

A

(a) Connection effected by the introduction into the genetalia or anus of one person, otherwise than for genuine medical purposes of
(i) a part of the body of another person or
(ii) an object held or manipulated by another person or
(b) Connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
(c) the continuation of a kind described in paragraph (a) or paragraph (b)

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8
Q

Discuss the statutory defence for 134A - sexual conduct with a young person under 16 years

A

There is a statutory defence for sexual conduct with a young person. This 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 believed on reasonable grounds that the young person was aged 16 o over, and
  • The young person consented to that sexual connection
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9
Q

Define sexual conduct with a child under 12

A

Sexual conduct with a child is

  • Sexual connection with a child
  • Attempted sexual connection with a child
  • Does an indecent act on a child
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10
Q

Discus whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy

A

Yes, the girl can be charged as it is an offence of sexual conduct with a young person under 16 years (S134 CA 61)

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11
Q

Define indecent act

A

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

Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R V Court

If such act is done with the consent of the YP/Child, it is immaterial whether

  • the offender does the act on a child
  • the child does the act on the offender
  • the act is mutual
Doing an indecent act on a YP/Child includes indecently assaulting the YP/Child
Section 134(6)(a)/132(6)(a) CA 61
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12
Q

List three 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

A

Under S103(3)
A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made in 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’ 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 absence or likely absence of any witness from New Zealand
(j) Any other ground likely to promote the purpose of the act

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13
Q

Discuss the requirement under reg28 of the Evidence Regulations 2007

A

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 preliminary hearing, at least 7 days before the date on which a video record is given in evidence at a preliminary hearing;
(b) If the defendant is to be tried summarily, as soon as is reasonably practicable after the defendant has pleaded not guilty
(2) The typed transcript is to be prepared by Police
(3) The court may adjourn the hearing to allow further time for the defendant to consider the transcript if satisfied that sub-clause (1) has not been complied with

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14
Q

List three ways under S105 that a witness may give evidence

A

The witness may give evidence

(i) While in the courtroom but unable to see the defendant or some other specified person (screens)
(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

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15
Q

It is important to preserve trace evidence in sexual assault cases. List four things that victims should refrain from (where possible) before a medical examination

A

Remind the victim

  • No eating or drinking
  • No going to the toilet (if necessary, use a toxicology kit to capture urine and ask female not to wipe)
  • No washing or showering
  • No washing of hands or biting fingernails
  • No smoking
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16
Q

List the points that you would cover with a victim to explain the medical forensic examination procedure

A
  • 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 exam including
    i. the potential to their physical, sexual and mental health
    ii. 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 victims if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes (Research indicates that most ASA victims identify gender as an issue and indicate a preference for examination by a female
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17
Q

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 control of their lives

A
  • Conduct your dealings in a sensitive and 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 just vent their feelings.
  • Establish whether they require medical attention
  • 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.
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18
Q

List three area to consider when determining “seriousness of physical abuse”

A

There are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for a referral as a CPP case under this protocol

  • The action of the abuse
  • The injury inflicted, and
  • The circumstances (factors of the case)
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19
Q

List four police responsibilities to victims and their rights

A

All obligations under the victims Rights Act 2002 must be met and all victim contact must be recorded

  • Victims must be given information about the progress of their investigation within 21 days
  • Victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being laid
  • As soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so, the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so)
20
Q

Define “serious child abuse” and circumstances where Police would remove a child from a household

A

Serious child abuse includes but is not limited to:

  • Sexual abuse
  • Serious physical abuse
  • Serious wilful neglect
  • Serious family violence where the child is a witness
  • All allegations against Child, Youth and Family approved caregivers that involve serious child abuse
  • All allegations against employees of Child, Youth and Family and the Police that involve serious child abuse
21
Q

In relation to child abuse investigations, define what the term “child-centred time frames” means

A

Child-centred time frames are time frames that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response. As an example, for a 5 year old, a week is a very long time for an event to be recounted with reliability. However a 16 year old would have less difficulty recalling the same event several weeks later

22
Q

Explain section 44 of the evidence act 2006

A

Generally, no evidence or questions (except with the judge’s permission) can be put to the complainant about their sexual experience with any person other than the defendant.

However, s44(1) is subject to the propensity rule in s40(3). Evidence of the victim’s propensity to act in a certain way with the defendant, including sexually, may be offered as evidence but only if the judge grants permission

23
Q

What three things must the crown prove in relation to an indecent assault?

A

In these cases the crown must prove

  • 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
24
Q

When is the offence of sexual exploitation of a person with a significant impairment complete?

A

For the purposes of subsection (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the “impaired person”) 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

25
Q

When is the offence of sexual grooming complete?

A

The offence is complete when the parties meet, or the accused travels or makes arrangements to meet the complainant with the relevant intent. To be intentional the meeting need only be “purposely arranged”. This section is framed in gender neutral terms.

26
Q

What are the ingredients, act, section and penalty for Sexual Violation by rape

A

S 128(1)(a) CA 61, 20 years imp

  1. A person
  2. Rapes
  3. Another person
27
Q

What are the ingredients, act, section and penalty for Sexual Violation by unlawful sexual connection

A

S 128(1)(b) CA 61, 20 years imp

  1. A person
  2. has unlawful sexual connection
  3. With another person
28
Q

What are the ingredients, act, section and penalty for Assault with intent to commit sexual violation

A 
S 129(2) CA 61, 10 years imp
1. A person
2 Assaults another person
3. with intent to commit sexual violation
4. of that other person
29
Q

What are the ingredients, act, section and penalty for Sexual conduct with dependant family member

A

S 131(1), CA 61, 7 years imp

  1. Everyone
  2. has sexual connection
  3. with a dependant family member under 18 years
30
Q

What are the ingredients, act, section and penalty for Sexual conduct with a child under 12 132(1)

A

S 132(1) CA 61, 14 years imp

  1. Everyone
  2. Has sexual connection
  3. with a child
31
Q

What are the ingredients, act, section and penalty for Sexual conduct with a child under 12 132(3)

A

S 132(3) CA 61, 10 years imp

  1. Everyone
  2. Does an indecent act
  3. with a child
32
Q

What are the ingredients, act, section and penalty for Sexual conduct with a young person under 16 134(1)

A

S 134(1) CA 61, 10 years imp

  1. Everyone
  2. Has sexual connection
  3. with a young person
33
Q

What are the ingredients, act, section and penalty for Sexual conduct with a young person under 16 134(3)

A

S 134(3) CA 61, 7 years imp

  1. Everyone
  2. Does an indecent act
  3. with a young person
34
Q

What are the ingredients, act, section and penalty for indecent assault

A

S 135 CA 61, 7 years imp

  1. Everyone who
  2. Indecently assaults
  3. Another person
35
Q

Dependant family member definition

A

131A (1) CA 61
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, uncle, or aunt or
(ii) a parent, step parent or foster parent of a person described in paragraph (i) or
(iii) a child of his or her parent or step parent or
(iv) the spouse or de facto partner of a person described in sub paragraph (i) or subparagraph (iii) or sub paragraph (iii)
or
(b) if they are members of the same family, whanau, or other culturally recognised family group, and the other person -
(i) is not a person referred to in paragraph (a) but
(ii) has a responsibility for, or significant role in, his or her care or upbringing
or
(c) if he or she is living with the other person as a member of the other person’s 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 significant role in, his or her care or upbringing

36
Q

R V Court

A

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

37
Q

Indecent act def

An act that is indecent…….

A

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

38
Q

If such an act is done with the consent….

A

If such an act is done with the consent of the Young person/Child it is immaterial whether

  • the offender does the act on the young person/ child
  • The young person / child does the act on the offender
  • the act is mutual
39
Q

Section 134(6)(b)

A

Doing an indecent act on a young person includes indecently assaulting the young person

40
Q

Section 132(6)(b)

A

Doing an indecent act on a child includes indecently assaulting the child

41
Q

R V Leeson

A

The definition of indecent assault, is an assault accompanied with circumstances of indecency

42
Q

Assault

A

Assault S2 CA 61
Assault 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 that he has the present ability to effect his purpose. And to assault has a corresponding meaning

43
Q

Proving age

A

R V Forrest and Forrest
The best evidence possible in the circumstances should be adduced from the prosecution in proof of the victims age

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

44
Q

Child/Young person

A 
A child means a person under the age of 12 years old
Section 132(6)(a)
A young person means a person under the age of 16 years
Section 134(6)(a)
45
Q

Section 127

A

There is no presumption of law that a person is incapable of sexual connection because of his/her age

46
Q

What is incest

A

S130

(1) sexual connection is incest if
(a) is between 2 people whose relationship is that of Parent and child, sibling, half siblings or grandparent and grandchild
(b) the person charged knows of the relationship

(2) everyone of or over the age of 16 who commits incest is liable for to imprisonment for a term not exceeding 10 years

CIB Modules DWD (4 decks)

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