Sexual Offences

Question 1

Sexual Violation by Rape Section 128(1)(a) 20 Years

Answer 1

A person Rapes Another Person

Question 2

Sexual Violation by Unlawful Sexual Connection Section 128(1)(b) 20 Years

Answer 2

A person Has unlawful sexual connection With another person

Question 3

Assault with Intent to Commit Sexual Violation Section 129(2) 10 Years

Answer 3

A Person Assaults another Person With Intent to commit sexual violation Of the other person

Question 4

Sexual conduct with a dependant family member Section 131(1) 7 Years

Answer 4

A person Has sexual connection With a Dependant Family Member under the age of 18.

Question 5

Sexual Conduct with a Child Section 132(1) 14 Years

Answer 5

A person Has sexual connection With a child

Question 6

Indecent Act on a Child Section 132(3) 10 Years

Answer 6

Any person Does an indecent act On a child

Question 7

Sexual Conduct with a Young Person Section 134(1) 10 Yeara

Answer 7

A person Has sexual connection With a young person

Question 8

Indecent Act on a Young Person Section 134(3) 7 Years

Answer 8

Any person Does an indecent Act On a young person

Question 9

Indecent Assault Section 135 7 Years

Answer 9

Any Person Indecently Assaults Another Person

Question 10

Section 128(2) Rape is when…

Answer 10

Person A rapes Person B if Person A has sexual connection with Person B effected by the penetration of Person B’s genitalia by Person A’s penis - (A) without person B’s consent to the connection and (B) without believing on reasonable grounds that Person B consents to the connection

Question 11

Penetration means.. Proof of Penetration may be provided by:

Answer 11

Introduction to the slightest degree is enough to effect a connection. - the complainants evidence - medical examination - accused’s admissions

Question 12

How is consent proved? R v COX..

Answer 12

Consent is a persons conscious and voluntary agreement to something desired or proposed by another. …consent must be ‘full, voluntary, free and informed… freely and voluntarily given by a person in a position to form rational judgement’.

Question 13

Matters that do not constitute consent are:

Answer 13

1. Not Protesting or offering physical resistance to use force 2. Application of force/ threats of force to self or other or fear of force 3. Asleep or unconscious 4. So affected by drugs/alcohol they cannot consent 5. So affected by mental or physical impairment they cannot consent 6. Mistaken I.D 7. Mistaken as to nature and quality of the act

Question 14

How do you establish reasonable grounds? R V GUTUAMA

Answer 14

Subjective test 1 - Absence of consent Subjective test 2 - Belief in Consent Objective Test 3 - Reasonable grounds for belief in consent … crown must prove that no reasonable person in the accused‘a shoes could have thought the complainant was consenting .

Question 15

A child is a….

A young person is a….

Answer 15

person under 12

person under 16

Question 16

How do you prove age?

R v FORREST and FORREST…

Answer 16

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

In practice it generally involves producing the victim’s birth certificate in conjunction with independant evidence that identifies the victim as the person named in the certificate.

Question 17

Dependant Family Member

Section 131A(1)

Answer 17

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, gaurdian, uncle, or aunt
(ii) a parent, step-parent or foster person or person described in subparagraph (i) or
(iii) a child of his or her parent or step-parent or
(iv) the spouse or de facto partner or a person described in subparagraphs (i) (ii) or (iii)

Question 18

OR

Dependant Family Member

Section 131A(1)(b)

Answer 18

If they are family members of the same family, whanau or other cultrually 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

Question 19

OR

Dependant Family Member

Section 131A(1)(c)

Answer 19

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) has responsibility for, or significant role in his or her care or upbrining.

Question 20

Genitalia is referred to as…

R v KOROHEKE

Answer 20

A surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is a male, female or indeterminate sex)

The genitalia comprise the reproductive organs, interior and exterior… they include the vulva and the labia, both interior and exterior at the opening of the vagina.

Question 21

Unlawful sexual connection

Section 128 (3) Crimes Act 1961

Answer 21

Person A has unlawful sexual connection with Person B if person A has sexual connection with Person B if -

(a) Without person B’s consent to the connect AND
(b) Without believing on reasonable grounds that Person B consents to the connection.

Question 22

Sexual Connection is…

Answer 22

(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) an object held or manipulated by another person or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 23

Assault means…

Answer 23

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 ther person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning.

Sec.2 Crimes Act 1961

Question 24

Intent to commit sexual violation:

Intent means…

Sexual Violation means….

Answer 24

To do it, they desire a specific result and act with the aim or purpose of achieving it.

R V MOHAN

R V WAAKA

The act of a person who…

(a) rapes another person or
(b) has unlawful sexual connection with another person.

Question 25

Indecent Act is..

R v COURT - Indecency means…

R V LEESON - Indecent Assault

Answer 25

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

Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.

The definition of indecent assault…. is an assault accompanied with circumstances of indecency.

Doing an indecent act on a child includes indecently assault the child. Sec 132(6)(b)