Sex 1- 20 Flashcards
(20 cards)
MultiChoice :
Can a child aged under 12 consent to sexual intercourse?
The Court of appeal held that it would only be in “exceptional and rare circumstances” that a child under 12 could legally give consent.
MultiChoice :
At what age, is a complaint an ‘Adult Sexual Assault’ complaint?
When the complainant is 17 years or older at the time of making the complaint.
What three things must the Crown prove in relation to Indecent Assault?
- The Defendant intentionally assaulted the complainant
- That the circumstances accompanying the assault were indecent
- That the Defendant intended conduct that a reasonable person would find indecent
MultiChoice :
Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?
Yes, adoptive parents are defined as parents, therefore it is incest.
Outline Section 44(1), 44(2) and 44(3) of the Evidence Act 2006:
⦁ Section 44(1)
In sexual offence cases, the defence cannot introduce any evidence or ask questions (directly or indirectly) about the complainant’s sexual history with anyone except the defendant—unless the judge grants permission
⦁ Section 44(2)
In these cases, the defence cannot introduce any evidence or ask questions about the complainant’s sexual reputation (e.g., what others believe or say about their sexual conduct). There is no exception—that area is off-limits.
⦁ Section 44(3)
If the defence wants to raise anything under subsection (1), the judge will only allow it if:
- The evidence or question is directly relevant to the case (either the facts or sentencing), and
- Excluding it would be so unfair that it would be contrary to the interests of justice.
MultiChoice :
What are the three time periods in relation to Adult Sexual Assault ?
- Acute - Within 7 days
- Non-acute - 7 days to 6 months
- Historic - 6+ months
What is the Defence defined under Section 134?
- Prior to the act, they had taken reasonable steps to ascertain that the young person was at least 16, and
- At the time of the act, they believed on reasonable grounds that the young person was at least 16, and
- The young person consented.
MultiChoice
What is the Act and Section of ‘Sexual Grooming’ and when is the offence complete?
Section 131B Crimes Act 1961
1) Having met or communicated with a person under the age of 16 years on an earlier occassion, he or she takes on 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
Before attending a Medical Examination, what should you remind the Victim not to do?
1 No eating or drinking.
2 No going to the toilet (if necessary,
3 Use a toxicology kit to capture urine and ask the female victim not to wipe)
4 No washing or showering
5 No washing of hands or biting fingernails.
Explain Section 87(1) and 87(2) Evidence Act 2006
Explain Section 87(1) and 87(2) Evidence Act 2006
Section 87(1):
In any legal case, the specific details of a witness’s address (such as street name, house number, or town) cannot be:
- Asked about during questioning,
- Included in any evidence presented, or
- Mentioned by anyone involved in the court proceedings (including witnesses, lawyers, or court officials)
unless the judge gives explicit permission.
Section 87(2):
A judge will only grant this permission if they are convinced that revealing the address is directly relevant to the case and that not disclosing it would harm the fairness of the trial.
In certain circumstances S87 EA2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?
If the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
Define the title, act, section and ingredients of “Incest”
Incest
Section 130 Crimes Act 1961
1) Sexual connection is incest if:
a) It is between two people whos relationship is that of, parent/child, sibling/half sibling, grand parent/grand child; AND
b) the person charged knows of the relationship
2) Everyone 16 and over is liable (must be 16 or older)
What is the Act and Section of “Sexual exploitation of person with significant impairment” and when is the offence complete?
Section 138 Crimes Act 1961
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 connecting by taking advantage of the impairment.
MultiChoice
When can a previous consistent statement be admitted?
As rebuttal evidence only.
MultiChoice
How far out must a prosecutor give the transcript to defence before preliminary hearing, or defended summary hearing?
7 days
When would Police remove a child from a household?
1.When it is not safe to leave them there
2.You believe, on reasonable grounds that if left, they will suffer
3.or are likely to suffer ill-treatment, neglect, deprivation, abuse or harm
and;
4.There is no other practical means for ensuring their safety
Outline what is included as serious child abuse:
In cases involving, but not limited to:
- All allegations made against a CYF approved caregivers involving serious child abuse
- Sexual abuse
- Serious Wilful neglect
- All allegations made against employees of CYF staff or Police involving serious child abuse
- Serious physical abuse
- Serious family violence where the child is a witness
Can a 16 year old female be charged with having intercourse with a 14 year old male?
Yes
List three ways under section 105 that a witness may give evidence.
The witness may give evidence:
- (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. (Video recording)
