New Zealand Law/Criminal/Sex Crimes

Definitions

Sexual Violation

1. Male rapes female; or
2. Unlawful sexual connection with another.

Sexual Connection

(a) penetration of the genitalia or anus by:

(i) any part of the body; or

(ii) any object,

other than for bona fide medial purposes;

(b) connection btwn the mouth and genitalia for any other purpose

(c) continuation of these acts.

Offences

1. Male rapes female

Sexual connection by a man without consent or without believing on reasonable grounds that a woman consents.

2. Unlawful sexual connection

Sexual connection without consent or without believing on reasonable grounds that a person consents.

3. Inducing sexual connection by coercion

Sexual connection with another knowing that person has been induced to consent by a express or implied threat:

(a) of imprisonment offence;

(b) of accusation (true of false) of misconduct by any person (living or dead) that will seriously damage the reputation of that person;

(c) to make improper use of any power or authority arising out of employment or commercial relationship.

4. Incest

Sexual intercourse between:

(a) parent and child;

(b) brother and sister;

(c) grandparent and grandchild.

R v Daniels

• Facts

Morgan invited buddies to have sex with wife. Rape requires knowledge or recklessness re consent.

• Held HL

1. Honest belief need not be reasonable.
2. Reasonableness is evidence of whether belief really held.
3. Defendants could not have reasonably believed.

(Note: Rape must now be based on honest and reasonable belief.)

R v Pauga

• Facts

1. P charged with rape.
2. The only evidence against the defendant was a videotaped interview, in which he said the victim wanted to have sex with him because she was scared he would beat her up.
3. Defendant argued that lack of consent could not be proved from interview alone – there must be some evidence from the complainant.

• Held

1. No rule of law that conviction cannot be sustained from accused’s confession alone.
2. A reasonable jury, properly directed could be allowed to safely come to a conclusion.
3. Jury should be advised:

- video is only evidence

- evidence comes solely from defendant

- evidence not given under oath or subject to cross-exam

- no corroboration

- highly unusual for prosecution case to rely on confession alone

- must be sure crime committed ie. essential elements established

- must consider evidence anxiously and carefully

- could be other reasons for admission, eg. fantasy, attention

- jury must be sure of guilt.

Brewer v R