Sexual Violation definition
Sexual violation is when a person who rapes or has unlawful sexual connection with another person.
Penetration of the genitalia by the offenders penis (including a surgically constructed penis), without consent and without believing there was consent.
Unlawful sexual connection includes any form of?￼
Non-consensual penetration or oral connection with persons genitalia or anus.￼
Statutory Defence to Charge Under Section134A
Sexual conduct with a young person under 16 years:
Section 134A, CA 1961
It is a defence to a charge under section 134 if the person charged proves that:
(a) Prior to the act they had taken reasonable steps to ascertain that the young person was at least 16 years of age
(b) At the time of the act they believed on reasonable grounds that the young person was at least 16 years of age
(c) The young person consented
List 3 ways under section 105 that a witness may give evidence:
• From behind a screen in a courtroom unable to see the defendant
• By CCTV from a place outside the courtroom either in New Zealand or overseas
• By video recording made before the hearing
List 3 grounds on which a direction can be made under section 103 (3) of the Evidence Act 2006
A direction under subsection (1) Get a witness is to give evidence in an alternative way maybe made on the grounds of:
• The age of maturity of the witness
• The trauma suffered by the witness
• The witness’s fear of intimidation
• The nature of the proceeding
• The cultural background or religious belief of the witness
What are the 3 time periods in relation to ASA:￼
• Acute: within 7 days
• Non-acute: 7 days to 6 months
• Historic: 6 months onwards
Section 138(3), Crimes Act 1961
Sexual exploitation of Person with Significant Impairment
Basically the offender knows the person has an impairment and exploiting that impairment to get participation in the act.
Eg: The 30 year old neighbour has an intellectual capability of a five-year-old so you convince her it is a good idea to start giving you oral sex for lollies
To be guilty of an attempt to commit an offence, a person must :
• Intend to commit the offence, and
Take a real and substantial step towards achieving that
S195 CA 1961, What is necessary to prove criminal liability in failing to protect a child…
- The offence applies to members of the same household as the victim
-Also applies to staff at any hospital, institution or residence where the victim lives
- Also applies to those who have frequent contact such as Uncle’s or Aunties
- The offender must be 18 years or over
Define sexual conduct with a child under 12
• sexual connection with a child
• attempted sexual connection with a child
• does an indecent act on a child
Name three circumstances where Police would remove a child from a household:
In cases involving:
• Serious Wilful neglect
• Serious physical abuse
• Sexual assault
• When a child is witness to a serious assault
• Any allegations made against a CYF carer involving serious physical abuse
• Any allegations made against CYF staff or Police involving serious physical abuse
When is the offence of sexual grooming complete?
• When the offender intentionally meets the young person
• When the offender travels with intention of meeting the young person
• When the offender arranges for or persuades the young person to travel with the intention of meeting him or her
If a male has sexual intercourse with his 18 year old home stay student, is there any offence?
No offence committed (18 years and over is not an offence)
Define indecent act
An act accompanied by circumstances of indecency.
List four things that victims should refrain from (where possible) before a medical examination:
• Don’t eat or drink
• Don’t go to the toilet (if necessary, use a toxicology kit to capture urine and ask the female not to wipe)
• Don’t wash or shower
• Don’t wash hands or bite fingernails
List the three areas to consider when determining “seriousness of physical abuse”
• The action of the abuse
• The injury inflicted and
• The circumstances (factors of the case)
List four Police responsibilities to victims and their rights:
• All obligations under the victims rights act 2002 must be made and all victim contact must be recorded
• Victims must be given information about the progress of the investigation within 21
• 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 filed
• As soon as the offender is arrested and charged Police must determined on whether it is a s29 offence. If so, the victim must be informed of the right to register in 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 return promptly.
Defined child abuse:
The harming (whether physically, emotionally or sexually), ill-treatment, abuse, neglect or deprivation of any 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 therefore require a quicker response.
Indecent assault- what must the prosecution prove:
• The defendant Intentionally assaulted the complainant
• The circumstances accompanying the assault were indecent
• The defendant intended the conduct that a reasonable person would find indecent
If the issue of consent is raised on the evidence, the prosecution must prove beyond reasonable doubt a further two elements:
• The complainant did not consent to the assault and
• The defendant did not honestly believe the complainant was consenting
What does section 135 (indecent assault) require:
It requires proof of an assault, although it does not have to be forceful or violent, a gentle caress may suffice.
Define sexual conduct with a child under 12:
• Sexual connection with a child
• Attempted sexual connection with a child, and
• Does an indecent act on a child
Define physical abuse:
Physical abuse within the CPP context is when the actions of an offender result in, or could potentially result in physical harm or injury being inflicted on a child. This is aka a NAI (non-accidental injury).
Prior to an ASAT medical examination, what information will you share with the medical practitioner?
• Advise the age & the gender of the victim as it may impact on the practitioners ability
• Advise when the sexual assault is believed to have occurred
• If relevant discuss the victims wishes about the gender of the examining practitioner
• Give a brief outline of the information so far, including whether drugs may be involved details of the victims injuries level of intoxication and then doing health concerns.
What are the timeframes and categories used by OT?
Critical: 24 hours - child at risk of serious harm and requires immediate involvement.
Very urgent: 48 hours - at risk of serious harm but has some protective factors for the next 48 hours.
Urgent: 7 days - at risk of harm/neglect which are likely to negatively impact the child.
Name three circumstances where Police would remove a child from a household:
- In cases involving:
Serious Wilful neglect
Serious physical abuse
When a child is witness to a serious assault
Any allegations made against a CYF carer involving serious physical abuse
Any allegations made against CYF staff or Police involving serious physical abuse.
The 3 initial steps OT & Police must follow are:
1) Referral - information sharing between the two agencies
2) CPP Consultation - Discuss at appropriate levels
3)Agreement - agreement upon an initial action plan - Initial Joint Investigative Plan (IJIP)
Outline four points for the IJIP must consider:
• Immediate risk of the child involved and other children who may be identified as being a risk
• Referral to a medical practitioner and authority to do so
• If a joint visit is required due to the risk of further offending, loss of evidence, the likelihood of defendant being hostile or any concerns for staff safety
• Collection of any physical evidence such as photographs
• The management of the initial interview with the child
• Any further actions agreed for Police and/or OT including consideration as to whether a multi agency approach is required
When Interacting with victims of sexual assault offences, what action should you take to provide a safe and secure environment in which they may regain some control over their lives?
C - conduct your dealings in a sensitive and concerned manner.
A - accept they are telling the truth until/unless there is evidence.
L - Listen to what they tell you, giving them an opportunity to tell their account in the words even just to vent their feelings.
M - Establish whether they require medical attention
T - Treat them courteously
E - Explain to process your following and why you need to follow the process and ask certain questions
A - Advised them of the local counselling services available
Assault with intent to commit sexual violation:
What must be proven at the time of the assault?
• Intended to have sexual connection with the complainant
• The complainant did not consent to the sexual connection
• The defendant did not believe on reasonable grounds that the complainant was consenting