Stuff I need to know better Flashcards
Sexual Connection definition (CA)
Section 2, Crimes Act
Sexual connection means—
(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) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
Kinds of threats for Section 129A
(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.
Defence to grooming charge
(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.
Grooming charge wording
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 the young person:
(ii) travels with the intention of meeting the young person:
(iii) arranges for or persuades the young person to travel with the intention of meeting him or her; and
What is Section 195A
Failure to protect child or vulnerable adult
Failure to protect charge wording
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim) and—
(a) knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
(i) an unlawful act by another person; or
(ii) an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
(b) fails to take reasonable steps to protect the victim from that risk.
Who is responsible Section 195A
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, grievous bodily harm 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.
What needs to be proved Section 195A
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
• that the defendant was over the age of 18, and,
• the defendant, by virtue of being a member of the same household as the victim or a staff member in a hospital or institution or residence where the victim resides had “frequent contact” with them, and
• the defendant had knowledge of the risk of harm to the child
Liability of extended family Section 195A
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 with the household it’s reasonable in the circumstances to regard them as a member of the household.
In determining this, regard must be had to the frequency and duration of visits to the household; whether the person has a familial relationship with the complainant; and any other relevant matters.
Where the complainant lives in different households at different times, the “same household” refers to the household in which the complainant was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
What is Section 194
Assault on a child, or by a male on a female
What is Section 195
Ill-treatment or neglect of child or vulnerable adult
What is a victim
(a) means—
(i) a person against whom an offence is committed by another person; and
(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
What is Calm Tea
− 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.
Grounds for alternative way of giving evidence
Under s103(3):
(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of—
(a) the age or maturity of the witness
(b) the physical, intellectual, psychological, or psychiatric impairment of the witness
(c) the trauma suffered by the witness
(d) the witness’s fear of intimidation
(e) the linguistic or cultural background or religious beliefs of the witness
(f) the nature of the proceeding
(g) the nature of the evidence that the witness is expected to give
(h) the relationship of the witness to any party to the proceeding
(i) the absence or likely absence of the witness from New Zealand
(j) any other ground likely to promote the purpose of the Act.
What are a victims rights
− all obligations under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
− victims must be given information about the progress of their investigation within 21 days
− victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being filed
− as soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so, the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so)
− victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly.
