Sexual Offences Flashcards
Sexual Violation by Rape
Section 128(1)(a), Crimes Act 1961 20 Years Imprisonment
A person
Rapes (Penetration (S2(1A), Consent)
Another person
R v Cox, R v Koroheke, R v Gutuama
Sexual Violation by Unlawful Sexual Connection
Section 128(1)(b), Crimes Act 1961 20 Years Imprisonment
A person
Has unlawful sexual connection with
Another person
Attempts to Commit Sexual Violation
Section 129(1), Crimes Act 1961 10 Years Imprisonment
A person
Attempts
Sexual violation with
Another person
Assault with Intent to Commit Sexual Violation
Section 129(2), Crimes Act 1961 10 Years Imprisonment
A person Assaults Another person With intent to commit sexual violation Another person
Sexual Conduct with Child Under 12
Section 132(1), Crimes Act 1961 14 Years Imprisonment
A person
Has sexual connection
With a child (S132(6)(a))
Sexual Conduct with Young Person Under 16
Section 134(1), Crimes Act 1961 10 Years Imprisonment
A person
Has sexual connection
With a young person (S134(6)(a))
Indecent Assault
Section 135, Crimes Act 1961
7 Years Imprisonment
Everyone
Indecently assaults
Another person
R v Leeson
Sexual Conduct with Dependent Family Member
Section 131(1), Crimes Act 1961 7 Years Imprisonment
A person
Has sexual connection
With dependent family member under 18 years
Meeting Young Person Following Grooming
Section 131B, Crimes Act 1961
7 Years Imprisonment
(a) Having met or communicated with a person under 16 earlier does:
i) Intentionally meets the young person
ii) Travels with the intention of meeting the young person
iii) Arranges for or persuades the young person to travel with the intention of meeting them and;
(b) (ii) that the young person should do on him or her an act which if permitted in New Zealand would be an offence
Sexual Exploitation of Significantly Impaired Person
Section 138(1), Crimes Act 1961 10 Years Imprisonment
A person
Has exploitative sexual connection
With a person with significant impairment
Significant Impairment is an intellectual, mental or physical that affects the person to such an extent that it impairs their ability to;
- Understand the nature of sexual conduct
- Understand the nature of the decisions about sexual conduct
- Foresee the consequences of decisions about sexual conduct
- Communicate decisions about sexual conduct
What an ASA victim should not do after an incident
Eating or drinking Showering Washing hands Biting nails Smoking Brushing teeth Going to the toilet (if necessary use toxicology kit to capture urine, ask not to wipe)
CPT Timings
Critical - 24 Hours
Very Urgent - 48 Hours
Urgent - 7 Days
Advantages of a visually recorded interview
Greater quality and quantity of information
Minimising trauma as it can be evidence in chief
Reduce contamination by interviewer
Valuable means to refresh memory
Section 103, Evidence Act 2006
Grounds for applying for alternate way of giving evidence
1) Age or maturity of the witness
2) Trauma suffered by witness
3) The witnesses fear of intimidation
4) Nature of the proceedings
S104 - Judge must give parties opportunity to be heard in chambers and call for a report on effect to witness
Section 105, Evidence Act 2006
Alternate ways to give evidence
1) Screens, while courtroom they are unable to see defendant
2) CCTV, appropriately placed out of courtroom
3) Video recording, recording made before hearing
What is a safe and secure environment for victims of sexual assault (CALMTEA)
Conduct dealings in a sensitive and concerned manner
Accept they are telling the truth unless proved contrary
Listen to what they tell you, give opportunity to tell account or vent
Medical attention if required
Treat the courteously
Explain the process and why there will be questions
Advise of them of counselling services available
What is Section 128(4) CA1961?
A spouse who sexually violates their spouse has no legal defence due to the fact they are legally married (since 1986)
What is Section 132(4) CA1961?
It is no defence to a charge of Sexual Conduct with a Child Under 12 that the offender believed the complainant was 12 years of age or older
What is Section 132(5) CA1961?
Consent of a child is no defence to an offence of Sexual Conduct with a Child Under 12
What is Section 129A CA1961 and when does it apply?
Sexual Conduct by Coercion
Applies when the person making the threat will commit an imprisonable offence NO FORCE or blackmail
What is Section 195 and 195A CA1961 and who does it apply to?
S195 - Ill-treatment or neglect of child or vulnerable adult
S195A - Failure to protect child or vulnerable adult
Applies to a person(s) who has actual care or charge of the victim (also same household) or a person(s) who is a staff member of any hospital, institution, or residence where the victim resides
Criminal liability will arise if such a person has frequent contact with the victim and knows (mens rea) the victim is at risk of death, GBH, sexual assault as a result of acts or omissions of another person AND fails (actus reus) to take reasonable steps to protect the victim
Does not apply to offenders under 18
