Short answer Questions

Question 1

Define Sexual Connection - s2, C.A 1961?

Answer 1

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

Question 2

Define Unlawful Sexual Connection?

Answer 2

Person ‘A’ has unlawful sexual connection with person ‘B’ if person ‘A’ has sexual connection with person ‘B’

(i) without person ‘B’s consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was consenting to the connection

Question 3

Statutory Defence - s134 C.A 1961. What is the defence under s134 C.A 1961?

Answer 3

(1) It is a defence to a charge under s134 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/she believed on reasonable grounds that the young person was of or over that age of 16 years; AND
(c) the young person consented

Question 4

Discuss whether a 16-year-old girl can be charged with having consensual sex with a 14-year-old boy?

Answer 4

Yes the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (s134(1), C.A 1961).

Question 5

Name three circumstances where Police would remove a child from a household?

Answer 5

In cases involving:

• Serious Wilful Neglect
• Serious physical abuse
• Sexual assault

Question 6

s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?

Answer 6

The offence applies to:
- Members of the same household as the victim
- People who are staff members of any hospital, institution or residence where the victim resides.
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
- 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
- FAILS (actus reus) to take reasonable steps to protect the victim from that risk.

NOTE:
Where the person at risk is a child, it will need to be shown that they were:
- Under the age of 18 at the time of the offence, and
- The defendant was over the age of 18

Question 7

In what other ways can a witness give evidence?

Answer 7

S105 (1)(a) Evidence Act 2006

(i) while in the courtroom but unable to see the defendant or some other specified person (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere, (CCTV), or
(iii) by a video record made before the hearing of the proceeding (DVD recording)

Question 8

Before attending a Medical Examination, what should you explain to a victim?

Answer 8

• that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
• the benefits of a full medical forensic examination including:
  - potential benefit to their physical, sexual and mental health
  - how the examination can help Police obtain evidence to apprehend the offender
• the expected time frame for the examination and, if appropriate, possible outcomes of the examination

Ask the victim if they have any concerns about the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue and indicate a preference for examination by a female).j

Question 9

What are the three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case?

Answer 9

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 10

Define R v Cox

Answer 10

Consent must be “full, voluntary, free and informed… freely and voluntarily given by a person in a position to form a rational judgement”.

Question 11

In negating consent, the Crown has to prove one of three things. List the three things.

Answer 11

In proving that consent was not present in a case of sexual violation, the Crown must prove that:

• the victim did not consent, or
• the victim’s consent was not valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting

Question 12

Define Consent?

Answer 12

Consent is a person’s conscious and voluntary agreement to do something desired or proposed by another.

Question 13

R v LEESON?

Answer 13

The definition of ‘indecent assault’… is an assault accompanied with circumstances of indecency… (R v Leeson)

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

Question 14

What is the defence under s134?

Answer 14

(1) It is a defence to a charge under s134 if the person charged proves that, -
a) Before the time of the act concerned, he/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/she believed on reasonable grounds that the young person was of or over that age of 16 years; and
c) the young person consented

Question 15

When is the offence of sexual grooming complete?

Answer 15

• when the offender intentionally meets the young person
• when the offender travels with intention of meeting the young person
• when the offender arranges for or persuades the young person to travel with the intention of meeting him or her

Question 16

Outline the definition for s128A, C.A 1961?

Answer 16

A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent:

• not protesting or offering physical resistance use of force, threats of force, or fear of force
• asleep or unconscious
• so affected by alcohol or drugs they cannot consent
• so affected by their mental or physical impairment they cannot consent
• mistaken ID
• mistaken as to the nature and quality of the act

Question 17

Before attending a MEK, what should you remind the victim?

Answer 17

• no eating or drinking
• no going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
• no washing or showering
• no washing of hands or biting fingernails
• no changing clothing
• no smoking
• no brushing or combing hair
• no brushing teeth or rinsing their mouth

Question 18

In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

Answer 18

Section 87
Privacy as to witness’s precise address
(2) if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice.

Question 19

When is the offence of having exploitative sexual connection with a person with a significant impairment (S128, CA61) complete (p59)?

Answer 19

S138(3) For the purpose of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant impairment (the “impaired person”) if he or she -

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

Question 20

The mnemonic CALM TEA stands for:

Answer 20

• CONDUCT your dealings in a sensitive and concerned manner
• ACCEPT they are telling the truth until/unless there is evidence to prove the contrary
• LISTEN to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings
• Establish whether they require MEDICAL attention
• TREAT them courteously
• EXPLAIN the process you are following and why you need to follow that process and ask certain questions
• ADVISE them of the local counselling services available

Question 21

Section 129A(5), C.A 1961 - Sexual Conduct with consent induced by certain threats…

Answer 21

(5) The kinds of threat referred to in subsections (3) and (4)(a) are-

(a) a threat that the person making the threat or some other person 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) a threat that the person making the threat or some other person will make an accusation or disclosure (whether true or false) about misconduct by any person (whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and

(c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of-
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting

Question 22

s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?

Answer 22

The offence applies to:

• Members of the same household as the victim
• People who are staff members of any hospital, institution or residence where the victim resides.

Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:

• 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
• FAILS (actus reus) to take reasonable steps to protect the victim from that risk.

Question 23

Outline the ingredients for Indecent Assault - Section 135, C.A 1961 7 yrs?

Answer 23

1. 1 Everyone who
2. 2 Indecently Assaults
3. 3 Another person