Definitions

Question 1

A person

Answer 1

Gender neutral. Proven by Judicial Notice or circumstantially.

Question 2

Rape

Answer 2

Person A rapes person B if person A has sexual connection with person B, effected by the penetration or person B’s genitalia by person A penis,
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.
Crimes Act 1961 Sec. 128 (2)

Question 3

Penetration

Answer 3

Introduction and Penetration mean the same thing. Introduction to the slightest degree is enough to effect a connection.
Crimes Act 1961 Sec. 2 (1A)

Question 4

Proof of penetration

Answer 4

the complainants evidence, 
medical examination (DNA or injuries), accused's admissions.

Question 5

Genitalia

Answer 5

Genitalia includes a surgically constructed or reconstructed organ analogous to natural occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Crimes Act 1961 Sec. 2

Question 6

Consent

Answer 6

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

Question 7

Matters that do not constitute consent

Answer 7

• Not protesting or offering physical resistance to use of force,
• application of force to self or other, threat of force to self or others, or fear of force to self or others
• asleep or unconscious
• so affected by drugs / alcohol they cannot consent
• so affected by mental or physical impairment they cannot consent
• mistaken ID
• mistaken as to nature and quality of the act
  Crimes Act 1961 Sec. 128 A

Question 8

Reasonable Grounds:

Answer 8

The establishing of reasonable grounds is a three step process:
Subjective Test - Step 1: Absence of Consent.
What was the complainant thinking at the time, Was she consenting?
Subjective Test - Step 2: Belief in Consent.
If she wasn’t consenting did the offender believe she was consenting? i.e. what was the offender thinking at the time?
Objective Test - Step 3: Reasonable grounds for belief in consent.
If the offender believed the complainant was consenting, was the belief reasonable in the circumstances. I.e. what would a reasonable person have believed if placed in the same position as the defendant?

Question 9

Sexual connection means

Answer 9

(a) connection effected by the introduction into the genitalia or anus of one person otherwise than for genuine medical purpose, of -
(i) any part of the body of another person; or
(ii) any object held or manipulated by another person, or
(b) connection of the mouth or tongue of one person and any part of another person’s genitalia or anus, or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)
Crimes Act 1961 Sec. 2

Question 10

Intent

Answer 10

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

Question 11

Introduction

Answer 11

Introduction and Penetration mean the same thing. Introduction to the slightest degree is enough to effect a connection.
Crimes Act 1961 Sec. 2 (1A)

Question 12

Child

Answer 12

Child means a person under the age of 12 years

Crimes Act 1961 Sec 132 (6) (a)

Question 13

Proving Age

Answer 13

In practice this generally involves producing the victims’ birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

Question 14

Indecent Act

Answer 14

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

Question 15

Indecency - Crimes Act 1961 Sec 132 (6) (b)

Answer 15

If such an act is done with the consent of the child, it is immaterial whether:

• the offender does the act on the child
• the child does the act on the offender
• the act is mutual

Doing an indecent act on a child includes assaulting the child

Question 16

Young Person

Answer 16

Young person means a person under the age of 16 years

Crimes Act 1961 Sec 134 (6) (a)

Question 17

Assault

Answer 17

Assault: Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose and to assault has a corresponding meaning.
Crimes Act 1961 Sec. 2

Question 18

Anus

Answer 18

Not defined in legislation. Will take its normal meaning.

Question 19

Section 131A (1) (a) Dependant family member defined

Answer 19

(1) For the purposes of section 131, one person is a dependent family member of another person –
(a) If the other person has power or authority over him or her, and is –
(i) His or her parent, step-parent, foster parent, guardian, uncle or aunt, or
(ii) A parent, step-parent, foster parent of a person described in (i), or
(iii) A child of his or her parent or step-parent, or
(iv) The spouse or defacto partner of a person described in (ii) or (ii)

Question 20

Section 131A (1) (b)

Answer 20

(b) If they are members of the same family, whanau, or other culturally recognised family group, and the other person –
(i) Is not a person referred to in paragraph (a); but
(ii) Has responsibility for, or significant role in, his or her care or upbringing; or

Question 21

Section 131A (1) (c)

Answer 21

(c) If he or she is living with the other person as a member of the other person’s family, and the other person is not a person referred in paragraph (a)
(i) Power or authority over him or her, and
(ii) A responsibility for, or significant role in, his or her care or upbringing.

Question 22

Sexual Violation

Answer 22

(1) Sexual violation is the act of a person who,
a) Rapes another person, or
b) Has unlawful sexual connection with another person.
Crimes Act 1961 Sec. 128 (1)