Sexual Offences

Question 1

Sexual Violation by Rape

Answer 1

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

Question 2

Sexual Violation by Unlawful Sexual Connection

Answer 2

Section 128(1)(b), Crimes Act 1961
20 Years Imprisonment

A person
Has unlawful sexual connection with
Another person

Question 3

Attempts to Commit Sexual Violation

Answer 3

Section 129(1), Crimes Act 1961
10 Years Imprisonment

A person
Attempts
Sexual violation with
Another person

Question 4

Assault with Intent to Commit Sexual Violation

Answer 4

Section 129(2), Crimes Act 1961
10 Years Imprisonment

A person
Assaults 
Another person
With intent to commit sexual violation
Another person

Question 5

Sexual Conduct with Child Under 12

Answer 5

Section 132(1), Crimes Act 1961
14 Years Imprisonment

A person
Has sexual connection
With a child (S132(6)(a))

Question 6

Sexual Conduct with Young Person Under 16

Answer 6

Section 134(1), Crimes Act 1961
10 Years Imprisonment

A person
Has sexual connection
With a young person (S134(6)(a))

Question 7

Indecent Assault

Answer 7

Section 135, Crimes Act 1961
7 Years Imprisonment

Everyone
Indecently assaults
Another person

R v Leeson

Question 8

Sexual Conduct with Dependent Family Member

Answer 8

Section 131(1), Crimes Act 1961
7 Years Imprisonment

A person
Has sexual connection
With dependent family member under 18 years

Question 9

Meeting Young Person Following Grooming

Answer 9

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

Question 10

Sexual Exploitation of Significantly Impaired Person

Answer 10

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

Question 11

What an ASA victim should not do after an incident

Answer 11

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)

Question 12

CPT Timings

Answer 12

Critical - 24 Hours
Very Urgent - 48 Hours
Urgent - 7 Days

Question 13

Advantages of a visually recorded interview

Answer 13

Greater quality and quantity of information
Minimising trauma as it can be evidence in chief
Reduce contamination by interviewer
Valuable means to refresh memory

Question 14

Section 103, Evidence Act 2006

Grounds for applying for alternate way of giving evidence

Answer 14

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

Question 15

Section 105, Evidence Act 2006

Alternate ways to give evidence

Answer 15

1) Screens, while courtroom they are unable to see defendant
2) CCTV, appropriately placed out of courtroom
3) Video recording, recording made before hearing

Question 16

What is a safe and secure environment for victims of sexual assault (CALMTEA)

Answer 16

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

Question 17

What is Section 128(4) CA1961?

Answer 17

A spouse who sexually violates their spouse has no legal defence due to the fact they are legally married (since 1986)

Question 18

What is Section 132(4) CA1961?

Answer 18

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

Question 19

What is Section 132(5) CA1961?

Answer 19

Consent of a child is no defence to an offence of Sexual Conduct with a Child Under 12

Question 20

What is Section 129A CA1961 and when does it apply?

Answer 20

Sexual Conduct by Coercion

Applies when the person making the threat will commit an imprisonable offence NO FORCE or blackmail

Question 21

What is Section 195 and 195A CA1961 and who does it apply to?

Answer 21

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