Sexual Offences

Question 1

Crimes Act 1961, Section 128(1)(a)

Answer 1

Sexual Violation by Rape

• A person
• Rapes
• Another person

Question 2

Crimes Act 1961, Section 128(1)(b)

Answer 2

Sexual Violation by Unlawful Sexual Connection

• A person
• Has Unlawful Sexual connection
• Another person

Question 3

Crimes Act 1961, Section 129(2)

Working Knowledge

Answer 3

Assault with Intent to Commit Sexual Violation

• A person
• Assaults
• Another person
• With intent to commit sexual violation of the other person

Question 4

Crimes Act 1961, Section 132
(3) - Liability
(Working knowledge)

Answer 4

Sexual Conduct with a Child Under 12
A Person
(1) Has sexual connection with a child
(2)  Attempts to have sexual connection with a child
(3) Does an indecent act on a child

Question 5

Crimes Act 1961, Section 134

(1) & (3) - Liability

Answer 5

Sexual Conduct with a young person under 16
A Person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person

Question 6

Crimes Act 1961, Section 135

Answer 6

Indecent Assault

• A person
• Indecently assaults
• Another person

Question 7

Sexual Connection

Crimes Act 1961, Section 2

Answer 7

Means

(a) Connection by the introduction into the genitalia or anus of one person
i) a part of the body of another person or
ii) an object held or manipulated by another person or
b) Connection between mouth or tongue of one person and a part of another persons genitalia or anus or
c) a continuation of connection of a kind in (a) or (b)

Question 8

Crimes Act 1961, Section 182(2)

Rape Definition

Answer 8

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 9

Crimes Act 1961, Section 2(1A)?

Answer 9

Penetration
Penetration and introduction have the same meaning.
Introduction to the slightest degree is enough to effect a connection

Question 10

Proving penetration (x3)

Answer 10

Complainants evidence / statement
Medical examination, including physical injuries, DNA
Defendants admissions

Question 11

Genitalia Section 2 CA 1961

Answer 11

**Includes surgically constructed

Penis and balls of man and vagina and vulva of female

Question 12

R v Koroheke

Answer 12

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

Question 13

Consent (case law)

Answer 13

R v Cox
Consent must be free, voluntary and informed . . freely and voluntarily given by a person in a position to form a rational judgement

Question 14

Consent (Crown must prove)

Answer 14

Subjective - Complainant did not consent
Subjective - Offender did not believe the complainant was consenting
Objective - What would a reasonable person have believed if placed in the same position as the defendant.

Question 15

R v Gutuama (Consent case law)

Answer 15

Under the objective test the crown must prove that ‘no reasonable person in the accused’s shoes could have thought that the complainant was consenting’

Question 16

Crimes Act 1961, Section 128A

Answer 16

Matter Not Constituting Consent

• Lack of protest or resistance
• Force, Threat or fear of force
• Asleep or unconscious
• Affected by drugs or alcohol
• Intellectual, Mental or Physical impairment
• Mistake as to identity
• Mistake as to nature and quality of the act

Question 17

Child Defined

Answer 17

CA 61, Section 132(6)

Under 12 years of age

Question 18

Young person defined

Answer 18

CA 61, Section 134(6)(a)

Young person under age of 16 years

Question 19

Statutory Defence

Answer 19

CA 61, Section 134A
- had taken reasonable steps to ascertain
AND
- believed on reasonable grounds
AND
- the  young person consented

Question 20

R v Leeson

Answer 20

The definition of ‘indecent assault’ . . . is an assault accompanied with circumstances of indeceny

Question 21

R v Court

Answer 21

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

Question 22

Incest

Crimes Act 1961, Section 130

Answer 22

(1) Sexual connection is incest if—
(a)
it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
(b)
the person charged knows of the relationship.
(2)
Every one of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.

Question 23

CA 61, Section 131

Dependant family member

Answer 23

(1) Every one is liable to imprisonment for a term not exceeding 7 years who has sexual connection with a dependent family member under the age of 18 years.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who attempts to have sexual connection with a dependent family member under the age of 18 years.
(3) Every one is liable to imprisonment for a term not exceeding 3 years who does an indecent act on a dependent family member under the age of 18 years.
(4) The dependent family member cannot be charged as a party to the offence.
(5) It is not a defence to a charge under this section that the dependent family member consented.

Question 24

Evidence Act 2006, Section 44

Answer 24

Evidence of sexual experience of complainants in sexual cases.
- Protects the victim’s character; so the comments and evidence presented in court about the complainant are strictly limited to what is relevant to the case and are not unfairly prejudicial

Question 25

Evidence Act 2006, Section 87

Answer 25

Privacy to witness’s precise address

Not just street and number but also name of town or community they lived.

Question 26

Evidence Act 2006, Section 88

Answer 26

Restriction on disclosure of complainant’s occupation in sexual cases