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DDC Case Law/Offence Study > Sexual Offences- Passed > Flashcards

Sexual Offences- Passed Flashcards

(62 cards)

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1
Q

Sexual violation by rape, section/elements?(include definitions)

A

Section 128(1)(a)
-A person
-Rapes
Rape defined
Penetration
Genitalia
Consent
Subjective test
Objective test
-Another person

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2
Q

Sexual violation by unlawful sexual connection, Section/elements?

A

Section 128(1)(b)
-A person
-Has unlawful sexual connection with
Sexual connection defined
Penetration
Genitalia
Consent
Subjective test
Objective test
-Another person

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3
Q

Rape defined?

A

Person A rapes person B if person A has sexual connection with person B, effected by penetration of person B’s genitalia by person A’s penis.
A) without person B’s consent, and
B) without believing on reasonable grounds that person B consents to the connection.

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4
Q

Penetration defined?

A

Introduction to the slightest degree is enough to effect a connection

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5
Q

Proving penetration?

A

Complainants Evidence
Medical examination
Admissions

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6
Q

Genitalia case law

A

R v Koroheke- 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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7
Q

Consent defined

A

conscious and voluntary agreement to something desired or proposed by another.

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8
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.

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9
Q

Crown must prove

A

Subjective
-complainant did not consent
-offender didn’t believe they consented
Objective
-if he believes she did consent, grounds for belief were unreasonable.

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10
Q

R v Gutuama?

A

No reasonable person would think there was consent.

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11
Q

Unlawful sexual connection defined?

A

Introduction into the genitalia or anus by part of another’s body,object or mouth. Excluding legit medical examinations.
-With No consent
-With no belief, on reasonable grounds there was consent given.

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12
Q

Sexual violation?

A

Person rapes or has unlawful sexual connection with another.

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13
Q

Sexual conduct with child under 12, Section/elements?

A

Section 132(1) CA1961

-A person
-Has sexual connection
Definition
-section 132(4)(5)
-With a child under 12
Age Definition
Age Case law

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14
Q

Indecent act with child under 12, Section/elements?

A

Section 132(3) CA1961

A person
Does an indecent act
-(s2)indecent act defined
-Indecency case law
-S132(4)(5)(6)
On a child

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15
Q

Sexual conduct with young person under 16, Section elements?

A

Section 134(1) CA1961

A person
Has sexual connection with
-Define sexual connection
-s134(4)(5)
-S134A
A young person
Age case law

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16
Q

Sexual conduct with young person under 16(indecent) section/elements?

A

Section 134(3) CA1961
A person
Does indecent act on
A young person

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17
Q

Section 127,CA 1961

A

No presumption because of age.

Any person of any age is capable in a legal sense of being involved in sexual connection.

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18
Q

Reluctant consent- case law?

A

R V Herbert- if consent is given reluctantly but without the fear of force or threat of force the act of sexual connection would not be rape.

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19
Q

When is consent relevant?

A

R v Adams- the material time when consent and belief in consent is to be considered is at the time the act actually took place.

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20
Q

Assault with intent to commit sexual violation, section/elements?

A

Section 129(2) CA1961
-A person
-Assaults
-Another person
-With intent to commit sexual violation of the other person
Define sexual violation
Define sexual connection
Consent
Person

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21
Q

Attempted sexual violation, section/elements?

A

Section 129(1) CA1961
-A person
-Attempts
-To commit sexual violation of the other person
Define sexual violation
Define sexual connection
Consent
Person

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22
Q

Liable imprisonment term for attempted sexual violation?

A

10 years

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23
Q

Attempt case law?

A

R v Harpur
An attempt includes an act or omission constituting a substantial step towards the commission of a crime.

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24
Q

Assault definition

A

The act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by an 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 in reasonable grounds that he has,present ability to effect his purpose.

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25
Section 132(4)CA1961?
It is not a defence to a charge of sexual conduct with a child under 12 , the offender believed the child was of or over 12 years.
26
Section 132(5)CA1961?
It is not a defence to believe the child consented.
27
Age case law?
R v Forest and Forest The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
28
Indecency case law?
R V Court Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant.
29
Section 134(4) CA1961
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.
30
Statutory defence under section 134
134A- it is a defence to a charge of 134 if they can prove they took reasonable steps to ascertain the young person was of or over 16 and at the time believed on reasonable grounds they person was of or over 16 years and the young person consented.
31
Indecent assault case law?
R V Leeson Indecent assault is an assault accompanied with circumstances of indecency.
32
Belief in consent for indecent assault case law?
R v Norris If a person charged with indecent assault is able to establish the honestly believed there was consent they are entitled to be acquitted even if the grounds of his belief are unreasonable.
33
Sexual conduct by coercion, section and liable imprisonment?
Section 129A, CA1961 1)sexual connection-14 years 2)indecent act -5 years
34
Incest, section/elements, liable imprisonment term?
Section 130,CA1961 Sexual connection between 2 people whose relationship is that of parent/child, siblings,half siblings, grandparents and grandchild and knows of the relationship. 10 years
35
Sexual conduct with dependent family member, section, liable imprisonment?
Section 131,CA1961 7 years
36
Section 131A?
Dependant family member defined as- has power or authority over him or her and is -Parent,step parent,foster parent,guardian,uncle or aunt, -child of step parent -spouse or defacto partner of parent,foster parent, aunt or uncle etc -part of same family and significant role in care or upbringing
37
Section 131B?
Meeting a young person following sexual grooming.
38
Section 128(4)CA1961?
No legal spousal defence
39
Section 128A?
Invalid consent 1)lack of protest is not consent 2)force applied or threat of force 3)asleep or unconscious 4)affected by alcohol or drug 5)intellectual or mental impairment 6)mistaken identity 7)nature and quality
40
Attempted sexual violation(adult,young person, child) liable imprisonment?
10 years
41
Section 138,CA1961?
Sexual exploitation of person with significant impairment
42
Section 143,CA1961, liable imprisonment?
Bestiality,7 years
43
Section 144,CA1961, liable imprisonment?
Indecency with animal, 3 years.
44
Section 216H,CA1961, liable imprisonment?
Prohibition on making intimate visual recording 3 years
45
Section 44, Evidence Act 2006?
No Evidence and no question can be put to a witness relating directly or indirectly to their sexual experience or reputation of the complainant in sexual matters
46
Section 87, Evidence Act 2006?
Privacy as to witness precise address
47
Section 88, Evidence Act 2006?
Restriction of complainants occupation in sexual cases
48
Section 35, Evidence Act 2006?
Previous consistent statement rule
49
Section 195,CA1961, liable imprisonment?
Ill-treatment or neglect of child or vulnerable adult. 10 years
50
12 key process points, ASA policy?
1)initial actions on contact 2)case referral 3)provide specialist support 4)preliminary interview 5)information feedback 6)medical examination 7)formal Interview 8)investigation/evidence assessment 9)resolution options 10)prosecution 11)final actions and record keeping 12)prevention opportunities and responsibilities
51
Section 128B?
Sexual violation- imprisonment 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.
52
CALM TEA?
-conduct yourself in a sensitive manner -accept they’re telling the truth -listen -medical attention -treat them courteously -explain the process -advise of local counselling services
53
Section 135,CA 1961. Section/elements?
Indecent Assault -A person -Indecently assaults -Another person
54
Case law- continuation?
R v Kaitamaki- after penetration and realising she has not consented continuing the act of Intercourse becomes rape.
55
Is penetration necessary for oral sexual connection?
No
56
Section 132(6) CA1961?
Sexual conduct with a child under 12 -child means person under 12 -doing an indecent act includes indecent assault.
57
Section 2,CA1961 indecent Act?
For the purpose of this act an indecent act is done with or on the other person or induces or permits the other person to do an indecent act with or on them.
58
Section 194, CA1961? Liable imprisonment?
a)Assault child under 14 years or b) being a male assaults any female -2 years imprisonment
59
Define child abuse under CYPF Act 1989?
Harming(physical,emotional,sexual) ill treatment,abuse, neglect or deprivation of any child or young person
60
Section 59(4) CA1961?
Parental control- police have discretion not to prosecute a parent of child if not in the public interest to do so.
61
Penetration case law?
R v N- the offence is sufficiently proved by penetration of the vulva by the Penis. Proof of penetration of the vagina is not required.
62
Section 134(5) CA1961?
A victim of this offence cannot be charged at a party if the offender is of or over the age of 16.

DDC Case Law/Offence Study (14 decks)

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