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Sex offences Flashcards

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1
Q

Sexual violation by rape (Elements)

A

Section 128(1)(a) Crimes Act 1961
- A person
- Rapes
- Another person

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2
Q

Rape (Definition)

A

Section 128(2) Crimes Act 1961
Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection. -

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3
Q

Sexual connection (Definition)

A

Section 2 Crimes Act 1961
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) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus -

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4
Q

Penetration (Definition)

A

Section 2(1A) Crimes Act 1961
Introduction to the slightest degree is enough to effect a connection. Proof of penetration may be established by complainants’ evidence, medical
examination, defendants’ admissions. -

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5
Q

Genitalia (Case Law)

A

R v Koroheke
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.

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6
Q

Consent (Definition)

A

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

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7
Q

Consent (Case Law)

A

R V COX
Consent must be “full, voluntary, free and informed freely and voluntarily given by a person in a position to form a rational judgment.”

R V GUTUAMA
Under the objective test the Crown must prove that “no reasonable person in the accused’s shoes could have thought that [the complainant] was consenting”.

R v KOROHEKE
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 might happen if she does not give in or co-operate, is not true consent.

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8
Q

Sexual Violation by U/L sexual connection (Elements)

A

Section 128(1)(b) Crimes Act 1961
- A person
- Has unlawful sexual connection
- with another person

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9
Q

Unlawful sexual connection (Definition)

A

Section 128(3) Crimes Act 1961
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

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10
Q

Assault with intent to commit sexual violation (Elements)

A

Section 129(2) Crimes Act 1961
- A person
- Assaults another person
- With intent to commit sexual violation of the other person

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11
Q

Assault (Definition)

A

Section 2 Crimes Act 1961
Means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly

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12
Q

Assault with intent to commit sexual violation -Intent

A

It must be proved that at the time the defendant assaulted the complainant they:
* intended to have sexual connection with the complainant, and
* the complainant did not consent to the sexual connection, and
* the defendant did not believe on reasonable grounds that the
complainant was consenting

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13
Q

Intent (Definition)

A

Intention to commit an act to get a specific result

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14
Q

Intent (Case Law)

A

R v COLLISTER
Circumstantial evidence which the offenders intent maybe inferred can include; actions/words before during or after the event. Surrounding circumstances or the act itself

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15
Q

Sexual conduct with a child u/12 (Elements)

A

Section 132(1) Crimes Act 1961
- A person
- Has sexual connection
- With a child

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16
Q

Defence for child u/12

A

Section 132 Crimes Act 1961
4) It is not a defence to a charge under this section that the person charged
believed that the child was of or over the age of 12 years.
(5) It is not a defence to a charge under this section that the child
consented

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17
Q

Child (Definition)

A

Section 132(6)(a) Crimes Act 1961
In this section child means a person under the age of 12 years

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18
Q

Age (Case Law)

A

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.”

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19
Q

Sexual conduct with a child u/12 - Attempts (Elements)

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A

Section 132(2) Crimes Act 1961
- A person
- Attempts to have sexual connection
- With a child

20
Q

Attempts (Definition)

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A

Section 72(1) Crimes Act 1961
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible
to commit the offence or not.

21
Q

Sexual conduct with a child u/12 - Indecent (Elements)

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A

Section 132(3) Crimes Act 1961
- A person
- Does an indecent act
- On a child

22
Q

Indecent act (Definition)

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A

Section 2(1B) Crimes Act 1961
One person does an indecent act on another person whether he or she
(a) does an indecent act with or on the other person; or
(b) permits the other person to do an indecent act with or on him or her

23
Q

Indencency (Case Law)

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A

R V COURT
Indecency means “conduct that right-thinking people will consider an affront to
the sexual modesty of [the complainant]”.

R V DUNN
indecency must be judged in light of the time, place and circumstances. It must
be something more than trifling, and be sufficient to “warrant the sanction of the law.”

24
Q

Sexual conduct with a YP u/16 (Elements)

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A

Section 134(1) Crimes Act
- A person
- Has sexual connection
- With a young person

25
Defence for Young Person
Crimes Act 1961 Section 134 (4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned. (5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed
26
Young Person (Definition)
Section 134(6)(a) Crimes Act 1961 Young person means a person under the age of 16 Years
27
Sexual conduct with YP u/16 - attempts (Elements)
Section 134(2) Crimes Act 1961 - A person - Attempts to have sexual connection - With a young person
28
Sexual conduct with YP u/16 - Indecent (Elements)
Section 134(3) Crimes Act 1961 - A person - Does an indecent act - With a young person
29
Indecent Assault (Elements)
Section 135 Crimes Act 1961 - A person - Indecently Assaults - Another person
30
Indecent assault (Case Law)
R v Leeson ‘indecent assault is an assault accompanied with circumstances of indecency
31
Incest (Act & Elements)
Crimes Act 1961 Section 130(1) - A person - Has sexual connection - With a Parent and child or siblings, half siblings or grandparent and grandchild - The person charged knew the relationship
32
Crimes Act 1961 128A(1)
A person does not consent to the connection just because he or she does not protest or offer physical resistance to the activity
33
Crimes Act 1961 128A(2)
A person does not consent to sexual activity if he or she allows the activity because of— (a) force applied to him or her or some other person; or (b) the threat (express or implied) of the application of force to him or her or some other person; or (c) the fear of the application of force to him or her or some other person.
34
Crimes Act 1961 128A(3)
A person does not consent to sexual activity if the activity occurs while he or she is asleep or unconscious.
35
Crimes Act 1961 128A(4)
A person does not consent to sexual activity if the activity occurs while he or she is so affected by alcohol or some other drug that he or she cannot consent or refuse to consent to the activity
36
Crimes Act 1961 128A(5)
A person does not consent to sexual activity if the activity occurs while he or she is affected by an intellectual, mental, or physical condition or impairment of such a nature and degree that he or she cannot consent or refuse to consent to the activity.
37
Crimes Act 1961 128A(6)
One person does not consent to sexual activity with another person if he or she allows the sexual activity because he or she is mistaken about who the other person is
38
Crimes Act 1961 128A(7)
A person does not consent to an act of sexual activity if he or she allows the act because he or she is mistaken about its nature and quality
39
Subjective/Objective Test (U/L Sexual Connection)
The Crown must prove that: * the complainant did not consent to the sexual act (a subjective test), and * the offender did not believe the complainant was consenting (a subjective test), or * if he did believe she was consenting, the grounds for such a belief were not reasonable (an objective test)
40
Sexual conduct with a dependent family member (Act & Elements)
Crimes Act 1961 Section 131(1) - A person - Has sexual connection - With a dependent family member - Under the age of 18
41
Meeting a young person following sexual grooming (Act)
Crimes Act 1961 131B (1)(a) having met or communicated with a person under the age of 16 years (the young person) on an earlier occasion, he or she takes one 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; and
42
Meeting young person following sexual grooming (Part B of (1))
(b) at the time of taking the action, he or she intends— (i) To take in respect of the young person an action that, if taken in New Zealand, would be an offence against this Part, or against any of paragraphs (a)(i), (d)(i), (e)(i), (f)(i), of section 98AA(1); or (ii) That the young person should do on him or her an act the doing of which would, if he or she permitted it to be done in New Zealand, be an offence against this Part on his or her part.
43
Meeting young person following sexual grooming (Defence)
Crimes Act 1961 Section 131B (2) It is a defence to a charge under subsection (1) if the person charged proves that,— (a) Before the time he or she took the action concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years; and (b) At the time he or she took the action concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years
44
Sexual exploitation of a person with significant impairment (Act)
Crimes Act 1961 Section 138 (3) For the purposes of subsections (1) and (2), a person has exploitative sexual connection with a person with a significant 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 person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
45
Failure to protect a child or vulnerable adult (Act)
Crimes Act 1961 Section 195A (1)(a) Knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of— (i) An unlawful act by another person; or (ii) An omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and (b) Fails to take reasonable steps to protect the victim from that risk
46
Evidence of sexual experience or sexual disposition of complainants in sexual cases
Evidence Act 2006 Section 44 (1) In a sexual case, unless a Judge gives permission (on an application made under this subsection and in accordance with section 44A), no evidence can be given and no question can be put to a witness that relates directly or indirectly to— (a) The sexual experience of the complainant with the defendant (b) The sexual experience of the complainant with any person other than the defendant: (c) The sexual disposition of the complainant.
47
Privacy as to witness' precise address
Evidence Act 2006 Section 87 (1) In any proceeding, the precise particulars of a witness’s address (for example, details of the street and number) may not, without the permission of the Judge, be— (a) The subject of any question to a witness or included in any evidence given; or (b) Included in any statement or remark made by a witness, lawyer, officer of the court, or any other person

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