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Description
Flashcards by Stephen Leonard, updated more than 1 year ago
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Created by James Forgie
about 8 years ago
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Copied by Stephen Leonard
about 7 years ago
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| Question | Answer |
| Sexual Violation by Rape | S128(1)(a) CA 61 20 Yrs 1.1 A person 1.2 Rapes 1.3 Another person |
| Definition of Rape | S128(2) CA 61 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 consented to the connection |
| Sexual Violation by Unlawful Sexual Connection | S128(1)(b) CA 61 20 Yrs 1.1 A person 1.2 Has unlawful sexual connection 1.3 With another person |
| Definition of Unlawful Sexual Connection | S128(3) CA 61 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 consented to the connection |
| Definition of Sexual Connection | S2 CA 61 a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of: -A part of the body of another person or -An object held or manipulated by another person or b) Connection with the mouth or tongue of one person and part of another person's genitalia or anus or c) The continuation of connection of a kind described on paragraph a) or b) |
| Non Consent under certain Circumstances | S128A CA 61 Matters that do not constitute consent: -not protesting or offering physical resistance -allowing sexual activity due to use of force, threats of force or fear of force -asleep or unconscious -so affected by alcohol / drugs they cannot consent -so affected by mental or physical impairment they cannot consent -mistaken ID -mistaken as to nature and quality of the act |
| Reasonable Grounds Test (Consent) | A 3 Step Process: 1) Subjective Test -Absence of consent -What was the complainant thinking at the time? Was she consenting? 2) Subjective Test -Belief in consent -If she wasn't consenting, did the offender believe she was consenting? What was the offender thinking at the time, did he believe she was consenting? 3) Objective Test -Reasonable grounds for belief in consent -If the offender believed complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant. |
| Attempted Sexual Violation | S129(1) CA 61 10 Yrs 1.1 A person 1.2 attempts to commit sexual violation 1.3 Of another person |
| Assault with intent to Commit Sexual Violation | S129(2) CA 61 10 Yrs 1.1 A person 1.2 Assaults another person 1.3 With intent to commit sexual violation 1.4 Of the other person |
| Sexual Conduct with Consent induced by threats | S129A(1) CA 61 14 Yrs 1.1 A person 1.2 Has sexual connection with another person 1.3 Knowing that the other person has been induced to consent to the connection by threat |
| Incest | S130 CA61 10 Yrs 1.1 A person 1.2 Has sexual connection 1.3 With a person whom their relationship is that of parent and child OR siblings, half-siblings OR grandparent and grandchild 1.4 And the person knows of the relationship |
| Sexual Conduct with a Dependent Family Member | S131(1) CA 61 7 Yrs 1.1 A person 1.2 Has sexual connection 1.3 With a dependent family member under the age of 18 years |
| Dependent a Family Member Defined | S131A(1) CA 61 For S131, a person is a dependent family member of another person- a) if the person has power or authority over him/her, and is- i) a parent, step parent, foster parent, guardian, uncle, or aunt; or ii) a parent, step parent or foster parent of a person described in (i); or iii) a child of his/her parent or step parent; or iv) the spouse or defacto partner of a person described in i), ii) or iii) OR b) if they are members of the same family, whanau, or other culturally recognized family group, & the other person- i) is not a person referred to in (a); but ii) has a responsibility for, or significant role in, his/her care or upbringing; OR c) if he/she is living with the other person as a member of the other person's family, & the other person is not a person referred to in (a) or (b), but has- i) power or authority over him or her; and ii) a responsibility for, or significant role in, his/her care or upbringing |
| Meeting Young Person following Sexual Grooming etc | S131B CA61 7 Yrs 1.1 Having met or communicated with a young person under 16 years on an earlier occasion 1.2 Intentionally meets the young person OR travels with the intent of meeting the young person OR arranges for or persuades the young person to travel with the intention of meeting him/her; AND 1.3 at the time of taking the action intends 1.4 to take in respect of the young person action that if taken in NZ would be an offence against S98AA (sexual exploitation) OR that the young person should do on him/her an act that would be, if done in NZ, an offence against this Part |
| Sexual Conduct with a Child | S132(1) CA 61 14 Yrs 1.1 A person 1.2 Has sexual connection 1.3 With a child under 12 |
| Indecent Act on a child | S132(3) CA 61 10 Yrs 1.1 A person 1.2 Does an indecent act 1.3 on a child |
| Sexual Conduct with a Young Person | S134(1) CA 61 10 Yrs 1.1 A person 1.2 Has sexual connection 1.3 With a young person |
| Indecent Act on a Young Person | S134(3) CA 61 7 Yrs 1.1 A person 1.2 Does an indecent act 1.3 on a young person |
| Statutory Defence re S134 | S134A CA 61 Defence to a charge under S134 if the person charged proves that- a) before the time of the act concerned he/she had taken reasonable steps to find out whether the YP was of or over 16; and b) at the time of the act he/she believed on reasonable grounds that the YP was of or over 16; and c) the YP consented |
| Indecent Assault | S135 CA 61 7 Yrs 1.1 A person 1.2 Indecently assaults 1.3 Another person |
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