Important legislation and case law (Sex offences) Flashcards

Question

Incest elements

Answer 1

- A person - Has sexual connection with - A parent and child or siblings, half-siblings or grandparent and grandchild - And the person charged knew of the relationship

Answer 2

Section 131B Crimes Act 1961

Answer 3

The offence of meeting a young person for sexual grooming

Answer 4

- A person having met or having communicated with - A young person aged Under 16 on an earlier occasion - (i) Intentionally met him/her - (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 at the time of meeting intended; - To take an action in respect of him/her that would be an offence against part 7 of the Crimes Act 1961 OR that he / she should do an act on you the doing of which would be an offence against part 7 of the crimes act 1961 on his/her part

Answer 5

Section 138 Crimes Act 1961

Answer 6

The offence of sexual exploitation of a person with significant impairment

Answer 7

- A person - (1) has exploitative sexual connection - (2) Attempts to have exploitative sexual connection - (4) Does an indecent act on - A person with a significant impairment.

Answer 8

The offence of sexual conduct with children and young people outside NZ (Must have knowledge of the provisions, procedures and guidelines relating to)

Answer 9

Matters that do not constitute consent (Must have knowledge of the provisions, procedures and guidelines relating to)

Answer 10

The genitalia comprise the reproduction organs, interior and exterior. They include the vulva and the labia, both interior and exterior, at the opening of the vagina

Answer 11

It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example, submission by a woman because she is frightened of what may happen if she does not give in or co-operate, is not true consent.

Answer 12

Consent must be full voluntary free and informed. Freely and voluntarily given by a person in a position to form a rational judgement

Answer 13

Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.

Answer 14

Save in exceptional and rare circumstances, even where she indicates an agreement to the occurring, no reasonable adult would have grounds for believing that a ten or eleven year olde girl has the experience or maturity to understand the nature and significance of the act.

Answer 15

Under the objective test the crown must prove that "No reasonable person in the accuseds shoes could have thought that the complainant was consenting"

Answer 16

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.

Answer 17

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct may be considered in its entirety. Considering how much remains to be done, is always relevant, though not determinative.

Answer 18

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Answer 19

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

Answer 20

Indecency means "Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant"

Important legislation and case law (Sex offences) Flashcards

(46 cards)