Sex 41-60 Flashcards
(20 cards)
What is the primary difference between the force of application in 128 and 129?
Force is NOT a required element for Sexual Violation S 128
Whereas in section 129, Force or threat IS a key element in assault with intent to commit sexual violation.
Veracity means
“the disposition of a person to refrain from lying, whether generally or in the proceeding”. This is explained in s37 (Veracity rules) of the Evidence Act 2006.
Explain Section 129A (5) of the Crimes Act 1961 in relation to Sexual conduct with consent induced by certain threats:
Section 129A(5) states consent is not valid if someone agrees to sexual activity because they were pressured by threats below:
1.Threat to commit a crime (not involving violence).
2.Threat to ruin their reputation with damaging accusations or secrets.
3.Threat to misuse power from work or business.
129(5) – what are the circumstances that render consent invalid?
In brief Section 129A (5) states Consent is invalid if a Victim is coerced or threatened to sexual activity due to threats by another person to
1.Ruin their reputation
2.Threat by Misuse of Power or authority
3.Threat to commit a crime.
What do we need to achieve in “Process point 4 - The Preliminary Interview” of the “12 point process of Adult Sexual assault Policy and Procedures”? 6.
What is the purpose of a preliminary interview?
A preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine:
1.What further investigative actions are necessary; and
2.Whether an offence may have occurred; and
3.Whether the Victim wishes to make a formal complaint.
R v cox
R v cox:
“Previous consistent statements will really only be admissible as rebuttal evidence”.
General Rule (Section 35(1)
Previous consistent statements are not allowed as evidence — unless an exception applies.
Exceptions (Section 35(2) and (3)
A previous consistent statement can be used if:
The witness’s honesty or memory is challenged, and
The challenge is based on either:
A previous inconsistent statement, or
A claim the witness recently made up their story.
Example: If someone says a victim “just made that up,” then a previous statement the victim made (e.g., telling a friend about the event earlier) can be used to support their truthfulness.
What was found in R v Leeson
R v Leeson
“The definition of ’indecent assault’ … is an assault accompanied with
circumstances of indecency
What is the statutory defence for sexual conduct with a young person (s134A).
- There is a statutory defence for sexual conduct with a young person (s134A). This statutory defence applies only when:
1 The person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
2 The person charged believed on reasonable grounds that the young person was aged 16 or over, and
3 The young person consented to that sexual connection.
Sexual Conduct by Coercion Section 129A subsection (5)
Section 129A(5) of the Crimes Act 1961 states that consent is invalid if it is induced by threats such as:
Threat to commit a crime: A threat to commit a punishable offence (not involving force).
Threat to harm reputation: A threat to make damaging accusations or disclosures about someone.
Misuse of power: A threat to misuse authority from a job or business relationship.
Sexual conduct based on such threats is an offence.
- What is the principal difference between rape and unlawful sexual connection?
Rape covers:
1 Involves non-consensual penetration of the complainant’s genitalia by the offender’s penis.
Unlawful Sexual Connection covers:
1 Penetration of the genitalia or anus by a part of another person’s body (e.g., a finger).
2 Penetration of the genitalia or anus by an object held or manipulated by another person.
3 Oral connection (e.g., contact between the mouth or tongue and genitalia or anus).
Section 131 & 131
A dependant family member - must be under 18
- To be guilty of attempted sexual violation what must Crown prove?
Intended to have sexual connection with the complainant, 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
In practice what is the best evidence that should be used as proof of a child’s age?
What two pieces of evidence is required to prove age?
A birth certificate coupled with a testimony from the child’s mother or any other person present during the birth of the child is sufficient evidence.
The child giving evidence of her birthday and the day they habitually celebrate their birthday is also sufficient evidence.
R v Clancy
Court held that evidence of the complainant’s date of birth given by their mother was sufficient to prove the child’s age, even without producing the birth certificate
Multi Choice: If a male has sexual intercourse with his 18-year-old home stay student, is there any offence?
No offence committed (18 years and over is not an offence)
Define Sexual Connection (S2, CA1961)
a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of another person,
or
ii) any object held or manipulated by another person
or
b) Any connection between the mouth or tongue of one person and any part of the genitals or anus of another
or
c) The continuation of any connection described in paragraphs a or b.
Define Unlawful Sexual Connection
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
Can a 17-year-old uncle be charged with failing to protect a child?
1 Offenders must be from the same household, or visit frequently
2 Must be over 18 years of age
Answer: C, 30-year-old uncle who visits the address frequently.
Define Consent
Consent is a persons conscious and voluntary agreement to do something desired or proposed by another.
Cox
Koroheke
Gutuama
S128A
The following circumstances do not constitute consent:
Mislead Minds Really Tired Adults Aren’t Informed
Mistaken ID
Mistaken as to nature and quality of the act
Refuses or resists
Threats or force, fear of force or threat of force
Asleep or unconscious
Affected by drugs or alcohol
Impaired Mentally or Physically
Before attending a MEK, what sound you remind the victim?
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
