Sex 61 - 80 Flashcards
(20 cards)
Ingredients of Indecent Assault
⦁ A person
⦁ Indecently Assaults
⦁ Another Person
List the two main forms of sexual violation.
The two forms of sexual violation are rape and unlawful sexual connection.
Discuss the penalty provisions for sexual violation as set out in s128B of the Crimes Act 1961.
Section 128B of the Crimes Act 1961 outlines that the punishment for sexual violation is imprisonment for a term not exceeding 20 years, and imprisonment should always be imposed on conviction unless there are special circumstances that justify a departure from the rule
Define the term ‘genitalia’.
Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation, it does not include pubic hair or breasts. It also includes surgically constructed organs.
Define sexual conduct with a child under 12.
Sexual conduct with a child under 12 is:
⦁ Sexual connection with a child;
⦁ Attempted sexual connection with a child; and
⦁ Does an indecent act on a child.
List four Police responsibilities to victims and their rights.
Victim rights:
⦁All obligations under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
⦁Victims must be given information about the progress of their investigation within 21 days
⦁Victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being laid
⦁As soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so, the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so)
⦁Victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly.
Discuss the two elements that need to be proved in a charge of Assault with Intent to commit Sexual Violation, section 129 Crimes Act 1961
The two elements to be proved in the charge of attempt to commit sexual violation are that the offender:
⦁Assaulted the victim,
and
⦁Intended to commit sexual violation.
Define ‘indecent act’.
‘Indecent act’ is generally accepted as an act accompanied by circumstances of indecency.
Indecent acts are usually consensual acts. In age-specific sexual offences, doing an indecent act with a child or young person can also include indecently assaulting that child or young person.
In relation to child abuse investigations, define what the term “child-centred timeframes” means.
Child-centred timeframes are timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response. As an example, for a 5-year-old, a week is a very long time for an event to be recounted with reliability. However, a 16-year-old would have less difficulty recalling the same event several weeks later.
⦁ Under Section 131A of the Crimes Act 1961, what is the definition of a dependant family member?
⦁ Under Section 131A of the Crimes Act 1961, what is the definition of a dependant family member?
Under Section 131A of the Crimes Act 1961, a “dependent family member” is defined as someone who is:
1 Under the authority of another person, such as a parent, stepparent, foster parent, guardian, uncle, aunt, or their spouse or de facto partner.
2 Part of the same family, whānau, or culturally recognized family group, where the other person has a significant role in their care or upbringing.
3 Living with someone as a member of their family, where that person has authority over them and a significant role in their care or upbringing.
Sexual Violation by Unlawful Sexual Connection (learn R v Kaitamaki)
Continuation
The definition of sexual connection includes the “continuation” of such acts, capturing situations where sexual activity is started consensually, but consent is later withdrawn.
There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing - failure to do so may render a previously consensual act unlawful.
In R v Kaitamaki2 a man broke into a young woman’s house and raped her twice, claiming it was only during the second act of intercourse that he became aware she was not consenting. He admitted however that he had continued regardless.
The Court held that after he had penetrated the woman and then realises that she is not consenting (or has never consented) but continues than that act of intercourse becomes rape.
Sexual conduct with a young person (134(1), CA1961) - Include:
Defence under s134?
Prior to the act, they had taken reasonable steps to ascertain that the young person was at last 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.
it’s worth 3 marks!!
Sexual violation by rape (128(1)(a) CA1961)
Sexual conduct with a dependent family member
Sarah is 13 years old and tells her mum she is going to the movies with her friend. Instead she goes into town and meets Steven who is a 20 year old student. Steven asks Sarah if she wants to get a drink in the bar and Sarah says she can’t as she is not 18 and doesn’t have ID. Steven instead invites her back to his house where they have consensual sex. In the morning Sarah panics her mum will find out so says she had been raped. Investigation reveal the truth of events.
S134(1) CA61 – Also asks for you to discuss the defence under this section, I did this in my RTS
Todd and Jackie have been in a relationship for a while now. Todd has asked Jackie previously if he can have anal sex with her. She makes it very clear she does not want to do this and never wants to do this however is very happy with all other aspects of their relationship. One night after a few beers they are having sex when Todd withdraws his penis from her vagina and forces it into her anus. Jackie screams (I assume not with pleasure) and says No, Todd continues for a short time anyway. Discuss criminal liability in regards to the anal intercourse.
S128(1)(b) CA61
SEXUAL CONDUCT WITH A CHILD S132(1) CA1961 – 14 YEARS
A person: Gender neutral, proven by judicial notice or circumstantial evidence
Has sexual connection: Sexual Connection S2 CA61 – a) connection effected by the introduction into the genitalia or anus of one person, other than for genuine medical purposes of
- a part of the body of another person OR
- an object held or manipulated by another person
b) connection between the mouth or the tongue of one person and part of another person’s genitalia or anus
c) the continuation of a connection of the kind described in Para A or B.
Introduction – Introduction and penetration have the same meaning.
Introduction S2 CA61 – Introduction to the slightest degree is enough to effect a connection.
Proof of Introduction is required and may be provided by: complainant’s evidence, medical examination DNA/Injuries; admissions of the accused.
Genitalia includes the penis and testicles of a male and the vagina and vulva of a female.
Genitalia S2 CA61 – Includes surgically constructed or reconstructed organ analogous to a naturally occurring male or female genitalia (whether on male, female or person of indeterminate sex).
R V KOROHEKE – Genitalia comprise the reproductive organs both interior and exterior. Includes the vulva and labia, both interior and exterior at the opening of the vagina.
Continuation – Definition of sexual connection includes continuation of such acts, capturing situations where sexual activity is started consensually, but where consent is later withdrawn.
R V KAITAMAKI – Where a male penetrates a female and the male then realises that she is not consenting (or has never consented) but he continues, the act of intercourse becomes rape.
With a child under 12: Child S132(6)(a) – a person under the age of 12
R v FORREST & FORREST – The best evidence in the circumstances should be adduced by the prosecution in the 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.
