Sexual Offences CIB007 Flashcards

Question

List the mens rea element that must be proved at the time the defendant assaulted the victim

Answer 1

1. Intention to have sexual connection with the complainant AND 2. the complainant did not consent to the sexual connection ANS 3. the defendant did not believe on reasonable grounds that the complainant was consenting

Answer 2

132 Sexual conduct with child under 12 (1) Every one who HAS SEXUAL CONNECTION with a child = 14 years. (2) Every one who ATTEMPTS to have SEXUAL CONNECTION with a child = 10 years. (3) DOES an INDECENT ACT on a child = 10 years. (4) It is not a defence if they believed the child was of or over the age of 12 years. (5) It is not a defence that the child consented. (6) In this section: (a) child = under the age of 12 years; and (b) doing an indecent act on a child includes indecently assaulting the child

Answer 3

We do not exclude the possibility that a child may be able to give a full, voluntary, free, and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.

Answer 4

In exceptional and rare circumstances even where she indicates an agreement to the act occurring, no reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act

Answer 5

The best evidence possible should be adduced by the prosecution in proof of the victims age

Answer 6

One person does an indecent act on another person whether he/she (a) does an indecent act WITH or ON the other person (b) induces/permits the other person to DO an indecent act WITH or ON him/her

Answer 7

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

Answer 8

134 Sexual conduct with young person under 16 (1) HAS SEXUAL CONNECTION with a young person = 10 years. (2) ATTEMPTS to have SEXUAL CONNECTION with a young person = 10 years. (3) DOES an INDECENT ACT = 7 years. (4) No person can be convicted of a charge under this section if he or she was MARRIED to the YP (5) The victim cannot be charged as a party to the offence if the offender was of or over the age of 16 years when the offence was committed. (6) In this section: (a) YP = under the age of 16 years; and (b) doing an indecent act on a young person includes indecently assaulting the young person.

Answer 9

134A Defence to charge under section 134 (1) It is a defence to a charge under section 134 if the person charged proves that,— (a) BEFORE the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and (b) AT THE TIME OF the act concerned, he or she B on RG that the YP was of or over the age of 16 years; and (c) the YP n consented. (2) Except to the extent provided in subsection (1): (a) it is not a defence that the YP concerned CONSENTED; and (b) it is not a defence that the person charged BELIEVED that the YP was of or over the age of 16 years.

Answer 10

Everyone is liable to imprisonment for 7 yrs who indecently assaults another person

Answer 11

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

Answer 12

1. The defendant intentionally assaulted the complainant 2. The circumstances accompanying the assault were indecent 3. The defendant did not honestly believe the complainant was consenting

Answer 13

1. The complainant did not consent to the assault | 2. The defendant did not honestly believe the complainant was consenting

Answer 14

(1) Every one who has SEXUAL CONNECTION with another person KNOWING that the other person has been induced to consent to the connection by threat = 14 years. (2) Every one who does an INDECENT ACT on another person KNOWING that the other person has been induced to consent by threat = 5 years. (3) Subsection (1) KNOWS a threat or implied threat made in (5) (4) For the purposes of subsection (2),— (a) Subsection (2) KNOWS a threat or implied threat made in (5); and (b) a person is induced to consent to an indecent act whether— (i) induced to consent to the DOING of an indecent act WITH or ON him or her; or (ii) induced to consent to DO an indecent act himself or herself. (5) The kinds of threat referred to in subsections (3) and (4)(a) are: (a) someone will commit an offence that— (i) is punishable by imprisonment; but (ii) does not involve the actual or threatened application of force to any person; and (b) someone will l make an accusation or disclosure something that will damage the reputation of the person; and (c) making improper use of a power or authority arising out of— (i) an occupational or vocational position or (ii) a commercial relationship

Answer 15

Incest (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.

Answer 16

True. If both parties aren't consenting, then a charge of sexual violation is appropriate.

Answer 17

131 Sexual conduct with dependent family member (1) 7 years = SEXUAL CONNECTION with a dependent family member under the age of 18 years. (2) 7 years = who ATTEMPTS to have sexual connection with a dependent family member under the age of 18 years. (3) 3 years = 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.

Answer 18

131A Dependent family member defined (1) For the purposes of section 131, one person is a dependent family member of another person— (a) 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 subparagraph (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 subparagraph (i) or subparagraph (ii) or subparagraph (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. (2) In subsection (1),— aunt, in relation to a person, includes a half-sister of one of the person’s parents foster parent includes a former foster parent guardian— (a) means guardian by virtue of the Guardianship Act 1968 or the Oranga Tamariki Act 1989; and (b) includes a former guardian step-parent includes a former step-parent, uncle, in relation to a person, includes a half-brother of one of the person’s parents.

Answer 19

131B Meeting young person following sexual grooming, etc (1) Every person is liable to imprisonment for a term not exceeding 7 years if,— (a) having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one of the following actions: (i) intentionally meets: (ii) travels with the intention of meeting: (iii) arranges for or persuades the young person to travel with the intention of meeting; and (b) dw (1A) Can include a reference to a constable who pretends to be a young person if the offender, when taking any of the actions described in subsection (1), believed that the person was under the age of 16 years. (2) It is a defence to a charge under subsection (1) if the person charged proves that,— (a) BEFORE the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and (b) AT THE TIME he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years.

Answer 20

When the parties meet, the defendant travels, or makes arrangements to meet the complainant.

Answer 21

138 Sexual exploitation of person with significant impairment (1) 10 years who HAS exploitative sexual connection with a person with a significant impairment. (2) 10 years who ATTEMPTS to have exploitative sexual connection with a person with a significant impairment. (3) For (1) and (2), a person has exploitative sexual connection with a person with the impaired person if he or she— (a) knowing that the impaired person is a person with a significant impairment; and (b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment. (4) 5 years = who exploitatively DOES an INDECENT ACT on a person with a significant impairment. (5) Same as 3. (6) Significant impairment = an intellectual, mental, or physical condition that affects a person to such an extent that it significantly impairs the person’s capacity— (a) to understand the nature of sexual conduct; or (b) to understand the nature of decisions about sexual conduct; or (c) to foresee the consequences of decisions about sexual conduct; or (d) to communicate decisions about sexual conduct.

Answer 22

143 Bestiality (1) 7 years = commits bestiality. (2) This offence is complete upon penetration.

Answer 23

``` 144A = Sexual conduct with children and young people outside NZ 144B = Consent of Attorney-General required ```

Answer 24

It covers evidence of sexual experience of complainants in sexual cases. - No evidence or questions can be put to the complainant about their sexual experience with any other person other than the defendant (unless approved by the judge)

Answer 25

It protects the witness from having to state their home address.

Answer 26

It protects the complainant having questions put to them (or the witness) about their occupation.

Answer 27

In any criminal proceeding, the complainants evidence does not have to be corroborated.

Answer 28

"Previous consistent statements rule".

Answer 29

1. greater quality and quantity of information obtained 2. minimising trauma to the witness by simplifying the process and having their interview played as their evidence in chief 3. reducing contamination by the interviewer through the process of transposing the interview into a statement 4. its a good way for the witness to refresh their memory

Answer 30

1. the interview process is focused on the child and allows them to state clearly and freely what (if anything) has happened 2. the video can be used for the basis of an investigation, subsequent criminal prosecution, and/or care and protection purposes 3. it avoids the need to reinterview the child

Answer 31

Ill-treatment or neglect of child or vulnerable adult.

Answer 32

Failure to protect child or vulnerable adult.

Answer 33

Section 4 CA1961. 1. A person whom an offence is committed against 2. A person who suffers physical injury, or loss/damage to property (from the offence) 3. a parent or legal guardian of a child or YP - does not include offender 4. A member of the immediate family of the victim who died/is incapable as a result of the offence

Answer 34

1. conduct your dealing in a sensitive matter 2. accept they are telling the truth 3. listen to what they have to say 4. establish if they require medical attention 5. treat them courteously 6. explain the process 7. advise them of local counselling

Answer 35

1. IA on contact 2. Case referral 3. Providing specialist support 4. prelim interview 5. Information feedback 6. Medical examination 7. Formal interview 8. Investigation and Evidence 9. Resolution options 10. Prosecution 11. Final actions and record keeping 12. Preventative opportunities and responsibilities

Answer 36

``` 1 knows (mens rea) the victim is at risk of death, GBH, or sexual assault as a result of the acts or omissions of another person; and 2. Fails (actus reus) to take reasonable steps to protect the victim from that risk ```

Answer 37

Under the age of 18 at the time of the act or omission.

Answer 38

A person may be regarded as a member of a household even if they do not live in the same household but are so closely connected right he household it’s reasonable in the circumstances to regard them as a member of the household.

Answer 39

A) force applied to him or her or some other person B) the threat (express or implied) of force to him or her or some other person C) the fear of the application of force to him or her or some other person

Answer 40

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling and be sufficient to wast any the sanction of the law.

Answer 41

18 years old

Answer 42

I) internationally meets the YP or ii) travels with the intention of meeting the YP or iii) arranges for or persuades the YP to travel with the intention of meeting him or her

Answer 43

When the parties meet, or the defendant travels or makes arrangements to meet the complainant with the relevant intent. To be intentional the meeting need only be “purposely arranged”.

Answer 44

(a) knowing that the impaired person is a person with a significant impairment; and (b) has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

Answer 45

No question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the judge.

Answer 46

In an application for permission under subsection (1), the judge must not grant permission unless satisfied that the evidence or question is of such direct relevance to the facts in issue in the proceeding, or the issues of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.

Answer 47

Previous consistent statements will really only be admissible is rebuttal evidence.

Answer 48

The officer in charge.

Answer 49

No eating or drinking No going to the toilet (if necessary, use a toxicology kit to catch urine and ask the victim not to wipe) No washing or showering No washing of hands or biting fingernails

Answer 50

The action of the abuse The injury inflicted The circumstances (factors of the case).

Answer 51

Acute (within 7 days), Non-acute (more than 7 days but less than 6 months), and Historic (after 6 months)

Answer 52

1. What further investigative actions are necessary 2. Weather in offence may have occurred, and 3. Whether the victim wishes to make a formal complaint

Answer 53

That the examination will be conducted by a medical forensic practitioner specially trained and examining individuals who have been sexually assaulted. That the examination has potential health benefits that can Police obtain evidence to apprehend the offender. The expected duration of the examination (“a couple of hours”) and, if appropriate, possible outcomes of the examination.

Answer 54

Critical (an immediate risk of serious harm and the need for immediate protection may be necessary) Very Urgent (at risk of harm is not in any immediate danger) Urgent (at risk of harm but protected in the short-term)

Answer 55

When it is not safe to leave them there or you believe on reasonable grounds that if left they will suffer, or are likely to suffer, ill-treatment, neglect, depravation, abuse or harm, and there is no other practical means of ensuring their safety.