questions

Question 1

(1) If a male has sexual intercourse with his 18 year old home stay student, is
there any offence?

Answer 1

No offence committed (18 years and over is not an offence)

Question 2

(2) When is the offence of sexual grooming, s131B(1)(a), C.A 1961 complete? (p58

Answer 2

• when the offender intentionally meets the young person
• when the offender travels with intention of meeting the young person
• when the offender arranges for or persuades the young person to travel
with the intention of meeting him or her

Question 3

(3) When can a previous consistent statements be admitted?

Answer 3

a) As rebuttal evidence only

Question 4

(4) How far out must a prosecutor give the transcript to the defence before
preliminary hearing or defended summary hearing?

Answer 4

b) at least 7 days

Question 5

(5) A child under 12 years can give consent in rare & exceptional
circumstances?

Answer 5

R v COX – The circumstances that would justify that conclusion would be
exceptional if not rare. A ten or eleven year old child may know what sexual
intercourse is. She may indicate her agreement, but save in such
exceptional and rare circumstances, she will not, simply because of her age
and stage of sexual development, understand the significance of the act. In
that sense, therefore, any consent she may purport to give will not be a
legal consent because it will not be either rational or informed.

Question 6

(6) 3 types of ASAI complaint types are?

Answer 6

Acute, Non acute & Historic

Question 7

(7) What is the principle difference between rape & unlawful sexual
connection?

Answer 7

“Rape” is a specific form of unlawful sexual connection that involves the
penetration of the complainant’s genitalia by the offender’s penis.

Question 8

To be guilty of attempted sexual violation, what must the Crown prove?

Answer 8

The Crown must prove that at the time of the defendant’s conduct
he:
• intended to have sexual connection with the complaiant, and
• The complainant did not consent to the intended sexual connection, and
• The defendant did not believe on reasonable grounds that the complainant was consenting.

Question 9

In practice what is the best evidence that should be used as proof of a
child’s age?

Answer 9

R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by
the prosecution in proof of the victim’s age.
In practice, this generally involves producing the victim’s birth certificate in
conjunction with independent evidence that identifies the victim as the
person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not
always be possible.

Question 10

What is the purpose of a preliminary interview?

Answer 10

The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine:
• What further investigative actions are necessary
• Whether an offence may have occurred, and
• Whether the victim wishes to make a formal complaint.

Question 11

A homestay student having sex with the father of the house on the premise that she could use the car whenever she liked.

Answer 11

(a) No offence.
(b) Sexual Violation by Rape
(c) Section 129 – Sexual Connection by coersion

Question 12

(1) Define Sexual Connection - s2, C.A1961?

Answer 12

(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) any object held or manipulated by another person; or
(b) a connection between the mouth or tongue of one person and
part of another person’s genitalia or anus; or
(c) The continuation of a connection of a kind as described in
paragraph a or paragraph b.

Question 13

Define Unlawful Sexual Connection?

Answer 13

Person ‘A’ has unlawful sexual connection with person ‘B’ if person ‘A’
has sexual connection with person ‘B’
(i) without person ‘B’s consent to the connection
(ii) without believing on reasonable grounds that person ‘B’ was
consenting to the connection

Question 14

Statutory Defence – s134A C.A 1961. What is the defence under s134 C.A 1961?

Answer 14

(1) It is a defence to a charge under s134 if the person charged
proves that, -

a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 years; and
c) the young person consented

Question 15

Discuss whether a 16-year-old girl can be charged with having consensual
sex with a 14-year-old boy?

Answer 15

Yes, the girl can be charged as it is the offence of sexual conduct with a
young person under 16 years (s134(1), C.A 1961).

Question 16

Name three circumstances where Police would remove a child from a
household:

Answer 16

• In cases involving:
  • Serious Wilful neglect
  • Serious physical abuse
  • Sexual assault

Question 17

s195A C.A 1961, What is necessary to prove criminal liability in failing to
protect a child?

Answer 17

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, GBH 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.
NOTE:
Where the person at risk is a child, it will need to be shown that they were:
• Under the age of 18 at the tiem of the offence, and
• The defendant was over the age of 18

Question 18

In what other ways can a witness give evidence?

Answer 18

S105 (1)(a) Evidence Act 2006.

(i) while in the courtroom but unable to see the defendant or some other specified person (screens) or
(ii) from an appropriate place outside the courtroom, either in New Zealand or elsewhere; (CCTV) or
(iii) by a video record made before the hearing of the proceeding (DVD recording)

Question 19

Before attending a Medical Examination, what should you explain to a
victim?

Answer 19

• that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
• the benefits of a full medical forensic examination including:
- potential benefit to their physical, sexual and mental health
- how the examination can help Police obtain evidence to apprehend the offender
• the expected time frame for the examination and, if appropriate, possible outcomes of the examination

Ask the victim if they have any concerns about the gender of the practitioner conducting the examination & advise that you will do your best to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue & indicate a preference for examination by a female.)

Question 20

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

Answer 20

• the action of the abuse
• the injury inflicted, and
• the circumstances (factors of the case)

Question 21

Define R v Cox

Answer 21

Consent must be “full, voluntary, free and informed…freely and voluntarily given by a person in a position to form a rational judgement”.

Question 22

In negating consent, the Crown has to prove one of three things. List the
three things.

Answer 22

In proving that consent was not present in a case of sexual violation, the Crown must prove that:
• the victim did not consent, or
• the victim’s consent was not valid, or
• the defendant did not believe on reasonable grounds that the victim was consenting

Question 23

Is it an offence for an adoptive parent to have sexual intercourse with his
18 year old daughter? (p54)

Answer 23

Yes it is, an adoptive parent is a ‘parent’ thus incest.

Question 24

(3) At what age does a file become an ASAT file?

Answer 24

17 years or older at the time of making the complaint NOT 16

Question 25

(4) No question can be put to the victim regarding…

Answer 25

• previous sexual history with any person other than the defendant

Question 26

(5) What 3 things must the Crown prove in relation to an Indecent Assault?

Answer 26

* defendant intentionally assaulted the complainant * the circumstances accompanying the assault were indecent * the defendant intended the conduct that a reasonable person would find indecent

Question 27

Can a 17 year old uncle be charged with failing to protect a child?

Answer 27

offenders must be from the same household, or visit frequently must be over 18 years of age Answer: C, 30 year old uncle who visits the address frequently.

Question 28

What are the three categories of file in relation to ASA?

Answer 28

Acute/non-acute/historic

Question 29

Define Consent?

Answer 29

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

Question 30

R v LEESON?

Answer 30

The definition of ‘indecent assault’…is an assault accompanied with circumstances of indecency…(R v Leeson) An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 31

(3) What is the defence under s134?

Answer 31

It is a defence to a charge under s134 if the person charged proves that, - a) b4 the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and b) at the time of the act concerned, he/she believed on reasonable grounds that the young person was of or over that age of 16 years; and c) the young person consented

Question 32

(4) When is the offence of sexual grooming complete?

Answer 32

* when the offender intentionally meets the young person * when the offender travels with intention of meeting the young person * when the offender arranges for or persuades the young person to travel with the intention of meeting him or her

Question 33

Outline the definition for s128A, C.A 1961?

Answer 33

A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent: • not protesting or offering physical resistance use of force, threats of force, or fear of force • asleep or unconscious • so affected by alcohol or drugs they cannot consent • so affected by their mental or physical impairment they cannot consent • mistaken ID • mistaken as to the nature and quality of the act

Question 34

Before attending a MEK, what should you remind the victim?

Answer 34

* no eating or drinking * no going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe) * no washing or showering * no washing of hands or biting fingernails * no changing clothing * no smoking * no brushing or combing hair * no brushing teeth or rinsing their mouth

Question 35

In certain circumstances s87 Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?

Answer 35

Section 87 Privacy as to witness’s precise address (2) if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice.

Question 36

When is the offence of having exploitative sexual connection with a person with a significant impairment (S138, CA61) complete: (p59)

Answer 36

S138(3) For the purpose of subsections (1) and (2), a person has exploitative sexual connection with a person with a significan impairment (the “impaired person”) if he or she – (a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and (b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.

Question 37

The mnemonic CALM TEA stands for:

Answer 37

* Conduct your dealings in a sensitive & 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 an why you need to follow that process and ask certain questions. * Advise them of the local counselling services available.

Question 38

``` Section 129A(5), C.A 1961 – Sexual Conduct with consent induced by certain threats….. ```

Answer 38

(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.

Question 39

s195A C.A 1961, What is necessary to prove criminal liability in failing to protect a child?

Answer 39

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, GBH 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.

Question 40

Outline the ingredients for Indecent Assault – Section 135, C.A

Answer 40

1. 1 Everyone who 1. 2 Indecently Assaults 1. 3 Another person