SEXUAL OFFENCES

Question 1

Criminal liability
Sexual violation by rape
Section 128 (1) (A) crimes act 1961
20 years

Answer 1

1. a person
2. rapes
3. another person

Question 2

Criminal liability
Sexual violation by unlawful sexual connection
Section 128 (1) (B), crimes act 1961
20 years

Answer 2

1. a person
2. has unlawful sexual connection
3. with another person

Question 3

Definition
Unlawful sexual connection
Section 128 (3)

Answer 3

Person A has unlawful sexual connection with person B if person A has sexual connection with the person B -
(A) without person B consent to the connection and
(B) without believing on reasonable grounds that person B consents to the connection.

Question 4

Define penetration

Answer 4

Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection,
Section 2 (1), crimes act 1961

Question 5

Define genitalia

Section 2 crimes act 1961

Answer 5

Genitalia includes surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is a male, female, or of indeterminable sex)

Question 6

Define sexual connection

Section 2 crimes act 1961

Answer 6

(A) connection effected by the introduction into the genitalia or anus of one person, otherwise then for genuine medical purposes, of
(1) a part of the body of another person or
(2) and object held or manipulated by another person, or
(B) connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
(C) the continuation of connection of it kind described in paragraph (A) or paragraph (B).

Question 7

Case law
Genitalia
R v Koroheke

Answer 7

The genitalia comprises the reproduction organs, interior and exterior, they include the Vulva and The labia both interior and exterior, at the opening of the vagina.

Question 8

Define introduction

Answer 8

Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection.

Question 9

Define penis

Answer 9

Penis includes a constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is male, female, or of indeterminate sex.

Question 10

Define rape

Answer 10

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
Section 128 (2) crimes act 1961

Question 11

Define consent

Answer 11

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

Question 12

Caselaw
Consent
R v Cox

Answer 12

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

Question 13

Seven matters that do not constitute consent

Section 128A, crimes act 1961

Answer 13

Not protesting or offering physical resistance to use of force
Application of force to self or other, threats of force to self or other, fear of force to self or others
Asleep or unconscious
So affected by drugs or alcohol they cannot consent
So affected by mental or physical and human they cannot consent
Mistaken ID
Mistaken as to nature and quality of the act
(Note: only include those relevant to this scenario, if any)

Question 14

Discussion
Reasonable grounds
Three step process

Answer 14

Subjective test – step one – absence of consent
What was the complainant thinking at the time? Was he /she consenting?
Subjective test – step two – belief in consent
If he/she were not consenting did the offender believe the complainant was consenting? I.e. what was the offender thinking at the time?
Objective test – step three – reasonable grounds for belief in consent
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. I.e. what would a reasonable person have believed if placed in the same position as the defendant.

Question 15

Case law

R v Gutuama

Answer 15

Under the objective test the crown must prove that no reasonable person in the accused shoes could have thought that (the complainant) was consenting.

Question 16

Criminal liability
Assault with intent to commit sexual violation
Section 129 (2) crimes act 1961
10 years

Answer 16

1. a person
2. assaults another person
3. with intent to commit sexual violation
4. of the other person

Question 17

A d t b a, in s f it l w the a p, the c o t o.

Answer 17

R v Mohan

Question 18

A f o p t I n s, there must b a f I or f p t e t a.

Answer 18

R v Waaka

Question 19

Define sexual violation
Section 128 (1), c a 1961

Answer 19

Sexual violation is the act of a person who
(A) rapes another person or
(B) has unlawful sexual connection with another person

Question 20

Criminal liability
Sexual conduct with dependent family member
Section 131 (1), crimes act 1961
7 years

Answer 20

1. everyone
2. has sexual connection
3. with a dependent family member under 18 years

Question 21

Define proof of penetration

Answer 21

Proof may be provided by
The complainant’s evidence
Medical examination (DNA, injuries)
Accused admissions

Question 22

Discussion
Proving age
R v Forrest and Forrest

Answer 22

The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age R v F and F.

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.

Question 23

Criminal liability
Sexual conduct with a child under 12
Section 132 (1), crimes act 1961
14 years

Answer 23

1. everyone
2. has sexual connection
3. with a child

Question 24

Define child
Section 132 (6) (A) crimes act 1961

Answer 24

Child means a person under the age of 12 years

Question 25

Criminal liability Sexual conduct with a child under 12 Section 132 (3) crimes act 1961 10 years

Answer 25

1. everyone 2. does an indecent act 3. on a child

Question 26

Define indecent act

Answer 26

And act that is indecent and has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 27

Indecency | R v Court

Answer 27

Indecency means conduct that right-thinking people will consider in an affront to the sexual Modesty of (the complainant).

Question 28

Discussion consent of a child

Answer 28

If such an act is done with the consent of the child, it is immaterial whether The offender does the act on the child The child does the act on the offender It is mutual

Question 29

Criminal liability Sexual conduct with a young person under 16 years Section 134 (1), crimes act 1961 10 years

Answer 29

1. everyone 2. has sexual connection 3. with a young person

Question 30

``` Define what is a young person Section 134 (6) (A), crimes act 1961 ```

Answer 30

Young person means a person under the age of 16 years

Question 31

Criminal liability Sexual conduct with a young person under 16 years Section 134 (3) crimes act 1961 Seven years

Answer 31

1. everyone 2. does an indecent act 3. on a young person

Question 32

Criminal liability Indecent assault Section 135 crimes act 1961 Seven years

Answer 32

1. everyone 2. indecently assaulted 3. another person

Question 33

Define indecent assault | R v Leeson

Answer 33

The definition of indecent assault is an assault accompanied with circumstances of indecency.

Question 34

Define an act that is in decent

Answer 34

And act that is a indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 35

Lesson note on indecent assault

Answer 35

Your explanation must include What constituted an assault including how the act was intentional What made the assault indecent.

Question 36

Define objects

Answer 36

This provision applies to anything other than a part of his body, used by the offender to penetrates the complainant's genitalia or anus. For example this could include a vibrator or a deodorant bottle.

Question 37

Case law | R v Harpur

Answer 37

The court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops. The defendants conduct (may) be considered and it's entirety. Considering how much remains to be done is always relevant although not determinative.

Question 38

List the three offences covered under section 134 of the crimes act sexual contact with a young person under 16.

Answer 38

Has sexual connection (10 years) Attempts to have sexual connection (10 years) Does an indecent act on a young person (7 years)

Question 39

List of the ingredients of incest section 130 crimes act 1961

Answer 39

Sexual connection is incest is (A) it is between two people who is relationship is that off parent and child, siblings, half siblings, or grandparents and grandchild; and (B) that person charged knows of the relationship (2) everyone of or over the age of 16 years who commits incest is liable to imprisonment for a term not exceeding 10 years.

Question 40

For a charge of incest to be proved the offender is required to have a certain knowledge what is that knowledge?

Answer 40

The person charged must know of the relationship

Question 41

What is the statutory defence to a charge of sexual contact with a young person? (Section 134 a) crimes act 1961

Answer 41

They believed the person was over the age of 16 and They had taken reasonable steps to establish the correct age and The person consented

Question 42

In all cases of sexual violation what must the prosecution prove beyond reasonable doubt?

Answer 42

There was an intentional act by the offender involving sexual connection with the complainant and The complainant did not consent to the sexual act, and The offender did not believe the complainant was consenting, or If he did believe she was consenting, the grounds for such beliefs were not reasonable

Question 43

Discuss no presumption because of age | Section 127 crimes act 1961

Answer 43

This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection. Therefore it would not be a defence to a sex related charge to say that either of the parties was too old or too young to have sexual connection.