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Sexual Offences > Short Answers > Flashcards

Short Answers Flashcards

1
Q

Define sexual connection (sec 2 CA61)

A

a) connection effected by the introduction into the genitalia or anus of 1 person otherwise than for
genuine medical purpose of:
- a part of the body of another person or
- an object held or manipulated by another person or
b) connection between the mouth or tongue of 1 person and any part of the genitalia or anus of
another or
c) continuation of a kind of connection described in paragraph a or b

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2
Q

Define unlawful sexual connection (sec 128 (3) CA 61)

A

Person A has unlawful sexual connection with Person B if Person A has sexual connection with
Person B -
a) without Person B consenting to the connection and
b) without believing on reasonable grounds Person B consenting to the connection

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3
Q

What is the defence under Sec 134A?

A
  • They had taken reasonable steps to ascertain that the young person was at least 16 and
  • At the time of the sexual activity they believed on reasonable grounds that the young person was at least 16 and
  • The young person consented.
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4
Q

Can a 16yr old female be charged with having sex with a 14yr old male?

A

Yes - sexual conduct with a young person - Sec 134 (1) CA 61

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5
Q

Name 3 circumstances where Police would remove a child from a household?

A

Serious wilful neglect, serious physical abuse and sexual abuse

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6
Q

Sec 195A CA 61 what is necessary to prove criminal liability in failing to protect a child?

A
  • members of the same household as the victim
    staff member of any hospital, institution or residence where victim resides and
    over 18yrs of age 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 to act (actus reus) to take reasonable steps to protect the victim from that risk
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7
Q

In what other ways can a victim give evidence?

A
  • While in the Court room but unable to see the defendant or some other specified person
    (Screens)
  • In an appropriate place outside the Court room either in NZ or elsewhere (CCTV) by a video recording made before the hearing of the proceeding (DVD)
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8
Q

Before attending a medical exam what should you advise the victim?

A
  • That the examination will be done by a medical forensic practitioner specially trained in
    examining victims or sexual assault
  • The benefits of a full medical exam including:
  • Potential benefit to their physical, sexual, mental health and safety
  • How the exam can help Police obtain evidence to apprehend the offender
  • Expected time frame for the exam and if appropriate possible outcomes of the exam.
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9
Q

What are the 3 areas to consider in determining whether physical abuse is serious and meets
the threshold for referral as CPP case?

A
  • the action of the abuse.
  • the injury inflicted and.
  • the circumstances (factors of the casr)
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10
Q

Define consent:

A

Consent is a persons conscious and voluntary agreement to do something desired or proposed
by another.
R V COX - Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement.

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11
Q

R v Leeson

A

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

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12
Q

When is the offence of sexual grooming complete?

A
  • Intentionally meets the young person
  • Travels with the intentional to meet the young person
  • Arranges for or persuades the young person to travel with intention to meet him/her
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13
Q

Sec 128A - matters that do not constitute consent:

A

Does not protest or offer physical resistance to the activity
Allows the activity because of force applied, express or implied threat of application of force or
fear of application of force to her or some other person
asleep or unconscious
mentally or physically impaired
affected by drugs or alcohol
mistaken ID
mistaken as to nature and quality of the act

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14
Q

Before attending MEK, what remind the victim?

A
  • No eating or drinking
  • No biting nails
  • No toilet unless necessary and then collect with tox kit and advise not to wipe
  • No washing or showering
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15
Q
  1. CALMTEA
A
  • Conduct dealings in a sensitive manner
  • Accept they are telling the truth
  • Listen to what they tell you
  • Medical assistance required
  • Treat them with courtesy
  • Explain the process you are following
  • Advise of local counselling available
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16
Q

R v Kaitamaki

A

If, after he has penetrated a woman, a man realises that she is not consenting (or has never consented) but he continues, that act of intercourse then becomes rape.

17
Q

What must crown prove for attempts to commit sexual violation? Defendants conduct they:

A
  • Tried to sexually violate the complainant and
  • The complainant did not consent to the intended sexual violation and
  • The defendant did not believe on reasonable grounds that the complainant was consenting.
18
Q

What is the purpose of a preliminary interview?

A
  • What further investigative actions are necessary
  • Whether an offence may have occurred and
  • Whether the victim wishes to make a formal complaint
19
Q

What should be the 2 principal objectives of a Dr conducting the medical exam of victim of
child abuse?

A

Determines treatment and protection and provides evidential material

20
Q

Main difference between sexual violation by rape and unlawful sexual connection?

A

For rape the connection is effected by penetration of penis into genitalia when sexual connection
is connected by introduction into genitalia or anus by part of body, object held, mouth or tongue
or continuation of any of these.

21
Q

Regarding consent crown must prove:

A
  1. Subjective test - absence of consent from complainant
  2. Subjective test - offender did not complainant consenting
  3. Objective test - if he did believe consenting then grounds were not reasonable
22
Q

A person does not consent to sexual activity if he/she allows because of:

A

Force applied to him/her or some other person
The threat (express or implied) of the application of force to him/her or some other person or
The fear of the application of force to him/her or some other person

23
Q

R V HARPUR

A

An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”.

24
Q

Proof of Age

A

In practice this generally involves producing the complainant’s birth certificate in conjunction with independent evidence that identifies the complainant as the person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not always be possible.

Sexual Offences (4 decks)

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