Child Flashcards
Physical abuse
Assault on child is covered in s194(a) Crimes Act 1961.
Ill-treatment or neglect of child
Vulnerable adults are now protected as well as children under Section 195.
The offence applies to both those who have actual care or charge of the complainant and to those who are staff members of any hospital, institution or residence where the child (or vulnerable adult) resides.
Any of those specified caregivers who intentionally engages in conduct, or omits to discharge or perform any legal duty which is likely to result in suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult, renders them is liable to imprisonment for a term not exceeding 10 years (an increase from the previous 5 year term of imprisonment).
Failure to protect child …
Section 195A, 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.
What is required to be proved
Where the person “at risk” is a child it will need to be shown that they were:
- Under the age of 18 at the time of the offence, and
- Uhat the defendant was over the age of 18, and,
- The defendant, by virtue of being a member of the same household as the victim or a staff member in a hospital or institution or residence where the victim resides had “frequent contact” with them, and
- The defendant had knowledge of the risk of harm to the child.
Frequent contact
The requirement of frequent contact is one, without which the prosecution cannot succeed. Whether the contact between the defendant and the complainant can be regarded as sufficiently “frequent” to ground liability under this section is a matter of fact for the jury
Age of defendant relevant in charging
This offence cannot be used where the offender was under the age of 18 at the time of the act or omission (section 195A(3)).
Liability of Extended family
A person may be regarded as a member of a household even if they do not live in the same household but are so closely connected with the household it’s reasonable in the circumstances to regard them as a member of the household.
In determining this, regard must be had to the frequency and duration of visits to the household; whether the person has a familial relationship with the complainant; and any other relevant matters.
Where the complainant lives in different households at different times, the “same household” refers to the household in which the complainant was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
Keep complainants informed
To help gain the complainant’s cooperation throughout the investigation, communicate with them and keep them informed. Keeping the complainant informed can provide them with a sense of empowerment.
Policy and Procedure
Investigators need a thorough understanding of all aspects of the :
Adult Sexual Assault Investigation Policy and Procedures, and
Child Protection Investigation Policy and Procedures.
Adult Interviews
Each district now has trained New Zealand Police Level 3 Adult Witness Specialist that can assist in obtaining a complete, accurate and reliable account from a complainant or witness.
Provide a safe and secure environment
When interacting with victims of sexual offences, provide a safe and secure environment in which they may regain some control of their lives.
- Conduct your dealings in a sensitive manner. Complaints from victims frequently relate to police not being as sensitive to the victim’s needs as they could be.
- Accept they are telling the truth until/unless there is evidence to prove the contrary.
- Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings.
- Establish whether 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.
12 key process points
The 12 key process points set out in the Adult Sexual Assault Policy and Procedures all help the victim through the investigation process. Note that not all steps will apply in every case and the order may vary depending upon the circumstances of the matter and any local level agreement(s) in place.
Victim updates and attention to prevention opportunities should occur throughout all process points.
1) Initial Actions on contact - Brief details of the complaint are obtained to determine initial actions. Conduct these where necessary.
2) Case referral - Incident is referred as soon as possible to the CIB and an ASA investigator. The investigator shall ensure that the complaint is entered into NIA as soon as practicable (see the National Recording Standard) and update case records as the investigation progresses.
3) Providing specialist support - Where the victim consents, arrange for a specialist sexual assault response person to provide support.
4) Preliminary Interview - A CIB member or ASA investigator undertakes a preliminary interview of the victim.
5) Information feedback - Whenever possible, and as soon as practicable, the victim is informed as to investigative findings and decisions.
6) Medical examination - Organise a medical examination as soon as possible in appropriate cases. This is especially important in acute reports (reported within 7 days of the assault) or suspected drug facilitated sexual assault.
7) Formal interview - Formally interview the victim
8) Investigation and evidence assessment - Complete case investigation plan (CIP) and keep it updated. Re-assess investigation and commence or continue investigation phases, such as scene examination, witness and suspect enquiries.
9) Resolution options - Consider options for resolution including prosecution.
10) Prosecution - Follow standard file preparation and prosecution procedures. Ensure support for the victim and keep them informed about prosecution-related matters, e.g. bail. Connected areas around prosecution matters.
11) Final actions and record keeping - Final actions on case conclusion and ensuring accurate and detailed records and statistics of sexual assault offences are held by Police
12) Preventative opportunities and responsibilities - Consider what can be learnt from an investigation regarding prevention or educational opportunities
Formal interview
The formal interview records the details of the sexual assault and forms the victim’s statement. It is a critical part of the investigation process and the successful prosecution of a sexual offence will often hinge on the quality of the interview.
Medical examination
Ensure consideration is given to a medical examination as soon as possible in appropriate cases. This is especially important in acute reports or suspected drug-facilitated sexual assaults.
Evidence admitted by alternative means
Sections 103 to 105 of the Evidence Act 2006 provide for a victim’s or witness’s evidence to be admitted by an alternative means. For example, electronically recorded interviews are played to the court or evidence is given orally from a safe location via CCTV.
It is important that the investigator explains to the victim that the Crown must apply to the court to use the ‘alternative means’ and the judge then decides whether to allow this
Each application is considered on its merits and there are no guarantees that the ‘alternative means’ will be authorised.
