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Flashcards in Sexual Offences Deck (77)
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61

What is does being significantly impaired mean:

Sec 138(6), CA61:
For the purposes of this section, a significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person's capacity—
(a) to understand the nature of sexual conduct; or
(b) to understand the nature of decisions about sexual conduct; or
(c) to foresee the consequences of decisions about sexual conduct; or
(d) to communicate decisions about sexual conduct.

62

Compelling indecent act with animal

Sect 142A, CA61
Compelling indecent act with animal
(1) Every one is liable to imprisonment for a term not exceeding 14 years who compels any other person, by the actual or threatened application of force to that other person or some other person, to perform, or to submit to or acquiesce in, any act of indecency with an animal, whether or not involving penetration.

63

Bestiality

Sec 143, CA61
(1) Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality.
(2) This offence is complete upon penetration.

64

Indecency with animal

Sec 144, CA61
Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal.

65

Sexual conduct with children outside NZ

Sec 144A, CA61
Sexual conduct with children and young people outside New Zealand
(1) Every one commits an offence who, being a New Zealand citizen or ordinarily resident in New Zealand,—
(a) does outside New Zealand, with or on a child under the age of 12 years, an act to which subsection (2) applies [132(1-3)]; or
(b) does outside New Zealand, with or on a person under the age of 16 years, an act to which subsection (3) applies [134(1-3)]; or
(c) does outside New Zealand, with or on a person under the age of 18 years, an act to which subsection (4) applies (Prostitution Reform Act 2003).
PENALTY: same as what they do

66

Sec 144B CA61 consent of Attorney-General

- no charges may be laid
- may be arrested or WTA issued and executed

67

Organising child sex tours

Sec 144C, CA61
Organising or promoting child sex tours
(1) Every one is liable to imprisonment for a term not exceeding 7 years who—
(a) Makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144A of this Act, whether or not such an offence is actually committed by that other person; or
(b) Transports any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144A of this Act, whether or not such an offence is actually committed by that other person; or
(c) Prints or publishes any information that is intended to promote conduct that would constitute an offence against section 144A of this Act, or to assist any other person to engage in such conduct.

68

Prohibition on making intimate visual recording

Sec 216H CA61
Everyone is liable to imprisonment for a term not exceeding 3 years who intentionally or recklessly makes an intimate visual recording of another person.

69

Section 44 of the Evidence Act 2006

Sexual experience of complainants in sexual cases.
Generally, no evidence or questions (except with the judge’s permission) can be put to the complainant about their sexual experience with any person other than the defendant.

70

Section 87 of the Evidence Act 2006

Protects a witness from having to state their address and having questions put to them about that information. This includes not only the name and number of the street, but also the name of the town or community the witness lived in.
However, these details may be disclosed where the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.

71

Section 88 of the Evidence Act 2006

Protects a complainant from having questions put to them or to a witness about the complainant’s occupation, or having evidence given, or statements/remarks made about the complainant’s occupation.

72

Section 121 Evidence Act 2006

In any criminal proceeding, the complainant’s evidence does not have to be corroborated.

This is especially important in cases of a sexual nature, where the offence is often committed with no independent evidence to corroborate the victim’s account.

73

Assault on a child, or by a male on a female

Sec 194, CA61
Every one is liable to imprisonment for a term not exceeding 2 years who—
(a) Assaults any child under the age of 14 years; or
(b) Being a male, assaults any female.

74

Ill-treatment or neglect of child or vulnerable adult

Sec 195, CA61
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), intentionally engages in conduct that, or omits to discharge or perform any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim) if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.
(2) The persons are—
(a) a person who has actual care or charge of the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.
(3) For the purposes of this section and section 195A, a child is a person under the age of 18 years.

75

Failure to protect child

s195A Crimes Act 1961 imposes criminal liability in some situations where it is known a child (or vulnerable adult) is at risk of harm but where no action is taken.
The offence applies to:
• members of the same household as the victim
• people who are staff members of any hospital, institution or residence where the victim resides.
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
• knows (mens rea) the victim is at risk of death, grievous bodily harm or sexual assault as a result of the acts or omissions of another person; and
• fails (actus reus) to take reasonable steps to protect the victim from that risk.

76

Victim defined

Victim’s right Act 2002
victim
(a) means—
(i) a person against whom an offence is committed by another person; and
(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(b) for the purposes only of sections 7 and 8, includes—
(i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(c) despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
(i) that offence; or
(ii) an offence relating to the same incident or series of incidents as that crime or offence

77

ASA - 12 key process steps (in brief)

1 - Initial Actions on contact
2 - Case referral
3 - Providing specialist support
4 - Preliminary Interview
5 - Information feedback
6 - Medical examination
7 - Formal interview
8 - Investigation and evidence assessment
9 - Resolution options
10 - Prosecution
11 - Final actions and record keeping
12 - Preventative opportunities and responsibilities