Summary

Question 1

What are the two mains forms of sexual violation?

Answer 1

Rape and unlawful sexual conenction

Question 2

What are the penalty provisions for sexual violation as set out in s128B of the CA 1961?

Answer 2

The punishment for sexual violation is for a term of imprisonment not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule

Question 3

Define the term genitalia

Answer 3

Genitalia are the external organs of reproduction in males and females. Also includes surgically constructed organs

Question 4

In negating consent the crown must prove what three things?

Answer 4

• the victim did not consent
• the victims consent was not valid
• the defendant not not believe on reasonable grounds that the victim was consenting

Question 5

What are the two elements that need to be proved for a charge of Assault with Intent to Commit Sexual Violation?

Answer 5

1. the offender assaulted the victim

2. the offender intended to commit a sexual violation

Question 6

What is the definition of consent?

Answer 6

A persons conscious and voluntary agreement to something that is desired or proposed by another

Question 7

Define sexual connection?

Answer 7

Connection effected by the introduction into the genitalia or anus of another person, other than for genuine medical purposes, of -

• a part of the body of another person, or
• an object held or manipulated by another person; or

connection between the mouth or tongue of one person and a part of another persons genitalia or anus, or

the continuation of a kind described above.

Question 8

Discuss the defence for s134A?

Answer 8

• the person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
• the person charged believed on reasonable grounds that the young person as aged 16 years or over, and
• the young person consented to the sexual connection

Question 9

Define sexual conduct with a child under 12

Answer 9

sexual connection with a child

attempted sexual connection with a child

does an indecent act on a child

Question 10

Define indecent act

Answer 10

indecent act is generally accepted as an act accompanied by circumstances of indecency

Question 11

List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006?

Answer 11

• age or maturity if the witness
• physical, intellectual, psychological, psychiatric impairment of the witness
• trauma suffered by the witness
• witnesses fear of intimidation
• linguistic or cultural background or religious beliefs of the witness
• nature of the proceeding
• nature of the evidence the witness is expected to give
• relationship of the witness to any party in the proceeding
• absence or likely absence if the witness from NZ
• any other ground likely to promote the purpose of the Act

Question 12

What is the impairment requirement under reg 28 of the Evidence Act 2006?

Answer 12

Prosecutor to give transcript to defence after defendant pleads not guilty.

• prosecutor must ensure a typed transcript of a working copy is given to the defendant or the defendants lawyer as soon as practicable after the defendant has pleaded not guilty
• the typed transcript is to be prepared by the police
• the court may adjourn to hearing to allow defendant further time to consider transcript

Question 13

List three ways under s105 that a witness may give evidence

Answer 13

1. while in the courtroom but unable to see the defendant or some other specified person (screens)
2. from ana ppropriate palce outside the courtroom (CCTV)
3. by a video record made before the proceeding (video recording)