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Flashcards in Sexual offences Deck (51):
1

Sexual violation by rape
Section
Act
Penalty
Ingredients

Section: 128(1)(a)
Act: Crimes Act 1961
Penalty: 20 years

Ingredients
1. A Person
***********************
2. Rapes
************************
3. Another person

2

Ingredient - Case law and definition
Another person/everyone/with another person etc

1. Person def

3

Ingredient - Case law and definition
Rapes

1. Rape def
2. Penetration
3. Proof of penetration
4. Genitalia def
5. R V Koroheke
6. Penis def
7. Consent def
8. R V Cox
9. Matters that do not constitute consent ***
10. Reasonable grounds
11. R V Gutuama

4

Rape

Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B genitalia by person A's penis
(a) without Persons B's consent to the connection and
(b) without believing on reasonable grounds person B consented to the connection
Section 128(2), Crimes Act 1961

5

Penetration

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect a connection
Section 2(1A), Crimes Act 1961

6

Proof of penetration is required

Proof my be provided by
- the complainants evidence
- medical examination (DNA, Injuries)
- Accused admissions

7

Genitalia

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)
Section 2, Crimes Act 1961

8

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

9

Penis

Penis includes a surgically constructed or reconstructed organ analogous to naturally occurring penis (whether the person concerned is male, female or of indeterminate sex)
Section 2, Crimes Act 1961

10

Consent

Consent is a persons conscious and voluntary agreement to something desired or proposed by another

11

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 judgement

12

Matters that do not constitute consent

- Not protesting or offering physical resistance to the use of force
- Application of force to self or others, threats of force to self or others, or fear of force to self or others
- asleep or unconscious
- So affected by drugs/alcohol they cannot consent
- So affected by mental or physical impairment they cannot consent
- Mistaken identity
- Mistaken as to the nature and quality of the act
Section 128A, Crimes Act 1961

13

Reasonable grounds

The establishing of reasonable grounds is a three step process

Subjective test - Step 1 - Absence of consent
What was the complainant thinking at the time? Was s/he consenting?

Subjective test - Step 2 - Belief in consent
If s/he were not consenting, did the offender believe the complainant was consenting i.e. What was the offender thinking at the time?

Objective test - Step 3 - 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?

14

R V Gutuama

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

15

Sexual violation by unlawful sexual connection
Section
Act
Penalty
Ingredients

Section: 128(1)(b)
Act: Crimes Act 1961
Penalty: 20 years

Ingredients
1. A Person
***********************
2. has unlawful sexual connection
************************
3. with another person

16

Ingredient - Case laws and definition
Has unlawful sexual connection

1. Unlawful sexual connection def
2. Sexual connection
3. Penetration
4. Proof of penetration
5. Genitalia def ***
6. R V Koroheke ***
7. Consent def
8. R V Cox
9. Matters that do not constitute consent ***
10. Reasonable grounds
11. R V Gutuama

17

Unlawful sexual connection

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 person B consents to the connection
Section 128(3), Crimes Act 1961

18

Sexual connection

(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 persons genitalia or anus or
(c) the continuation of connection, of a kind described in paragraph (a) or paragraph (b)

19

Assault with intent to commit sexual violation
Section
Act
Penalty
Ingredients

Section: 129(2)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients
1. A Person
***********************
2. assaults another person
************************
3. With intent to commit sexual violation
************************
4. of the another person

20

Ingredient - Case laws and definition
Assaults another person

1. Assault

21

Ingredient - Case laws and definition
With intent to commit sexual violation

1. Intent def
2. R V Mohan
3. R V Waaka Penetration
4. Sexual violation
5. Rape OR Unlawful sexual connection
6. Sexual connection

22

Intent

Mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

23

R V Mohan

A decision to bring about, in so far as it lies within the accused powers the commission of the offence

24

R V Waaka

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

25

Sexual violation

(1) Sexual violation is the act of a person who
(a) rapes another person or
(b) has unlawful sexual connection with another person
Section 128(1), Crimes Act 1961

26

Sexual conduct with dependent family member
Section
Act
Penalty
Ingredients

Section: 131(1)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients
1. everyone
***********************
2. Has sexual connection
************************
3. With a dependent family member under 18 years

27

Ingredient - Case laws and definition
Has sexual connection

1. Sexual connection
2. Penetration
3. Proof of penetration
4. Genitalia
5. R V Koroheke

28

Ingredient - Case laws and definition
With a dependent family member under 18 years

1. Dependent family member 131A (1) (a) OR (b) OR (c)
2. Proving age
3. R V Forest and Forrest

29

Dependent family member 131A (1)(a)

For the purposes of section 131, one person is a dependent family member of another person -
(a) if the other person has power or authority over him or her, and is-
(i) his or her parent, step parent, foster parent, guardian, uncle or aunt or
(ii) a parent, step parent or foster parent of a person described in sub-paragraph (i) or
(iii) a child of his or her parent or step parent or
(iv) the spouse or de facto partner of a person described in sub-paragraph (i) or sub-paragraph (ii) or sub-paragraph (iii)

30

Dependent family member 131A (1)(b)

For the purposes of section 131, one person is a dependent family member of another person -
(b) if they are members of the same family, whanau, or other culturally recognized family group, and the other person-
(i) is not a person refferred to in paragraph (a) but
(ii) has a responsibility for, or significant role in, his or her care or upbringing

31

Dependent family member 131A (1)(c)

For the purposes of section 131, one person is a dependent family member of another person -
(c) if he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a), but has -
(i) power or authority over him or her and
(ii) a responsibility for, or significant role in, his or her care or upbringing

32

Proving age

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

33

R V Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

34

Sexual conduct with a child under 12 (Sexual connection)
Section
Act
Penalty
Ingredients

Section: 132(1)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients
1. everyone
***********************
2. Has sexual connection
************************
3. With a child

35

Ingredient - Case laws and definition
With a child/on a child

1. Child
2. R V Forrest and Forrest
3. Proving age

36

Child

Child means a person under the age of 12 years
Section 132(6)(a), Crimes Act 1961

37

Sexual conduct with a child under 12 (Indecent act)
Section
Act
Penalty
Ingredients

Section: 132(3)
Act: Crimes Act 1961
Penalty: 10 years

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

38

Ingredient - Case laws and definition
Does an indecent act

1. indecent act
2. R V Court
3. If such an act is done...
4.Doing an indecent act on a ...

39

Indecent act

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

40

R V Court

Indecency
Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

41

If such an act is done with the consent....

If such an act is done with the consent of the Young person/Child it is immaterial whether:
- The offender does the act on the young person/ Child
- The young person/ Child does the act of the offender
- the act is mutual

42

Doing an indecent act on a...

Doing an indecent act on a child includes indecently assaulting the child
Section 132(6)(b), Crimes Act 1961

43

Sexual conduct with a young person under 16 (Sexual connection)
Section
Act
Penalty
Ingredients

Section: 134(1)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients
1. everyone
***********************
2. Has sexual connection
************************
3. With a young person

44

Ingredient - Case laws and definition
With a young person/on a Young person

1. Young person
2. R V Forrest and Forrest
3. Proving age

45

young person

Young person means a person under the age of 16 years
Section 134(6)(a), Crimes Act 1961

46

Sexual conduct with a young person under 16 (Indecent act)
Section
Act
Penalty
Ingredients

Section: 134(3)
Act: Crimes Act 1961
Penalty: 7 years

Ingredients
1. everyone
***********************
2. does an indecent act
************************
3. on a Young person

47

Indecent assault
Section
Act
Penalty
Ingredients

Section: 135
Act: Crimes Act 1961
Penalty: 7 years

Ingredients
1. everyone who
***********************
2. indecently assaults
************************
3. another person

48

Ingredient - Case laws and definition
Indecently assaults

1. Indecent act
2. R V Court
3. R V leeson
4. Assault

49

R V Leeson

Indecent assault
The definition of "indecent assault" is an assault accompanied with circumstances of indecency

50

Assault

Assault means the act of intentionally applying or attempting to apply force to the person of another directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose, and to assault has a corresponding meaning
Section 2, Crimes Act 1961

51

Doing an indecent act on a young person.....

Doing an indecent act on a young person includes indecently assaulting the young person
Section 134(6)(b), Crimes Act 1961