CALM TEA Flashcards
When interacting with victims of sexual assault, provide a safe and secure environment in which they may regain some control of their lives. (CALM TEA)
CONDUCT your dealings in a sensitive and concerned manner.
ACCEPT they are telling the truth until/unless there is evidence to prove the contrary.
LISTEN to what they tell you, give them an opportunity to tell there account n their words, even to just vent their feelings.
Establish weather they require MEDICAL ATTENTION.
TREAT them courteously.
EXPLAIN the process you are following and why you need to follow that process and ask certain questions.
ADVISE them of the local counselling services available.
R v Kaitamaki (Continuation)
A man broke into a young women’s house and raped her twice, claiming it was only during the second act of intercourse that he became aware she was not consenting. He admitted however that he had continued regardless.
There is an obligation on a person to stop sexual activity at the point he realises the other person is, or may be, no longer willing - failure to do so may render a previously consensual act unlawful.
Consent of Attorney-General required Sec 144B
(1) No charging document may be filed for an offence against section 144A of this Act except with the consent of the Attorney-General.
(2) A person who is alleged to have committed such an offence may be arrested, or a warrant for the arrest of the person may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charging document for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.
(3) The Attorney-General may, before deciding whether or not give his or her consent under subsection (1) of this section, make such inquiries as he or she thinks fit.
Section 44 Evidence Act 2006 outline sections (1) and (2)
(1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experiences of the complainant with any person other than the defendant, except with the permission of the judge.
(2) In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.
Discuss the requirement under reg 28 of the Evidence Regulations 2007.
Police must ensure that a typed transcript of a video record to be used in proceedings is given to the defendant or defendant’s lawyer as soon and practicable after the defendant has pleaded not guilty.
If the matter is to be tried summarily, the transcript must be prepared as soon as reasonably practicable after the defendant has entered a not guilty plea.
Section 127 CA9161 - No presumption because of age.
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
