Short Answers Flashcards
Sexual Violation definition
Sexual violation is when a person who rapes or has unlawful sexual connection with another person.
Rape
Penetration of the genitalia by the offenders penis (including a surgically constructed penis), without consent and without believing there was consent.
Unlawful sexual connection includes any form of?
Non-consensual penetration or oral connection with persons genitalia or anus.
Statutory Defence to Charge Under Section134A
Sexual conduct with a young person under 16 years:
Section 134A, CA 1961
It is a defence to a charge under section 134 if the person charged proves that:
(a) Prior to the act they had taken reasonable steps to ascertain that the young person was at least 16 years of age
(b) At the time of the act they believed on reasonable grounds that the young person was at least 16 years of age
(c) The young person consented
List 3 ways under section 105 that a witness may give evidence:
• From behind a screen in a courtroom unable to see the defendant
• By CCTV from a place outside the courtroom either in New Zealand or overseas
• By video recording made before the hearing
List 3 grounds on which a direction can be made under section 103 (3) of the Evidence Act 2006
A direction under subsection (1) Get a witness is to give evidence in an alternative way maybe made on the grounds of:
• The age of maturity of the witness
• The trauma suffered by the witness
• The witness’s fear of intimidation
• The nature of the proceeding
• The cultural background or religious belief of the witness
What are the 3 time periods in relation to ASA:
• Acute: within 7 days
• Non-acute: 7 days to 6 months
• Historic: 6 months onwards
Section 138(3), Crimes Act 1961
Sexual exploitation of Person with Significant Impairment
Basically the offender knows the person has an impairment and exploiting that impairment to get participation in the act.
Eg: The 30 year old neighbour has an intellectual capability of a five-year-old so you convince her it is a good idea to start giving you oral sex for lollies
To be guilty of an attempt to commit an offence, a person must :
• Intend to commit the offence, and
•
Take a real and substantial step towards achieving that
S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child…
- The offence applies to members of the same household as the victim
-Also applies to staff at any hospital, institution or residence where the victim lives - Also applies to those who have frequent contact such as Uncle’s or Aunties
- The offender must be 18 years or over
Define sexual conduct with a child under 12
• sexual connection with a child
• attempted sexual connection with a child
• does an indecent act on a child
Name three circumstances where Police would remove a child from a household:
In cases involving:
• Serious Wilful neglect
• Serious physical abuse
• Sexual assault
• When a child is witness to a serious assault
• Any allegations made against a CYF carer involving serious physical abuse
• Any allegations made against CYF staff or Police involving serious physical abuse
When is the offence of sexual grooming complete?
• 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
If a male has sexual intercourse with his 18 year old home stay student, is there any offence?
No offence committed (18 years and over is not an offence)
Define indecent act
An act accompanied by circumstances of indecency.