General Questions 2 Flashcards
It is important to preserve trace evidence in sexual assault cases. List four things that Victim’s should refrain from (where possible before a medical examination)
- No eating or drinking
- No smoking
- No going to the toilet (if necessary use a toxicology kit and tell them not to wipe.
- No washing or showing
- No washing hands or biting finger nails
- No changing of clothing
- No brushing of hair
- No brushing of teeth or rinsing mouth.
List the points that you would cover with a victim to explain the medical forensic examination procedure
Explain to the Victim:
- That the examination will be conducted by a medical forensic practitioner specially trained in examining the Victims of sexual assault.
- The benefits of a full medical forensic examination including:
- The potential health benefits to their physical, sexual and mental health and
- How the examination can help Police obtain evidence to apprehend the offender. - The expected time for the examination and if appropriate the possible outcomes of the examination.
- Ask the Victim if they have an concerns about the gender of the practitioner conducting the examination and advise you will do your best to accommodate their wishes.
When interacting with Victim’s of sexual offences, what actions should you take to proved a safe and secure environment in which they may regain some control in 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, 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.
List three areas to consider when determining “seriousness of abuse”.
There are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case under this protocol:
- The actions of the abuse
- The Injury inflicted
- The circumstances (factors of the case).
List four Police responsibilities to Victims and their rights
- All obligations under the VRA 2002 must be met and all Victim contact must be recorded.
- Victims must be given information about the progress of their investigation within 21 days.
- Victims must be kept updated and informed of the outcomes of the investigation, including not further lines of enquiry or the reason for charges not being laid.
- As soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so the Victim must be informed of their right to register on the VNR.
- Victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the Victim is returning promptly.
Define “serious child abuse” and circumstances where Police would remove a child from a household.
Serious child abuse includes but is not limited to:
- Sexual abuse
- Serious physical abuse
- Serious wilful neglect
- Serious family violence where the child is a witness
- All allegations against child youth and family approved caregivers that involve serious child abuse.
- All allegations against employees of CYF and Police that involve serious child abuse
In relation to child abuse investigation, define what the term “child centred time frames” mean
Child centred timeframes are timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefor they require a quicker response.
As an example, for a 5 year old, a week is a very long time for an event to be recounted with reliability.
However, a 16 year old would have less difficult recallling the same event several weeks later.
Explain section 44 of the Evidence Act 2006
Generally, no evidence or questions (except with the judges permission) can be put to the complainant about their sexual experience with any person other than the defendant.
However s44(1) is subject to the propensity rules in s40(3). Evidence of the Victim’s propensity to act in a certain way with the defendant, including sexually, maybe be offered as evidence but only if the judge grants permission.
Define Genitalia
Genitalia are the external organs of reproduction in males and females. As the term literally means the organs of generation, it does not include pubic hair or breasts. It also includes surgically constructed organs.
Reluctant Consent
In R v Herbert the concept of reluctant consent was discussed. The Court held that a true consent may be given reluctantly or hesitantly and may be regretted afterwards, but if the consent is given even in such a manner, provided it is without fear of the application of force or the result of actual or threatened force, then the act of sexual connection would not be rape.
What are the initial actions for ASA cases?
- Victim’s details
- Victim’s safety and immediate needs
- Offence location
- Offender description
- Advise specialists
- Ascertain matter of sexual nature
- Secure witnesses/suspects
- Scene and exhibit preserved
9 Determine immediate actions required
Topics the must be considered when completing IJIP
- The immediate safety of the child involved and other children whom maybe identified as being at risk.
- If a Joint visit is required due to risk of further offending, loss of evidence, offender hostile, concerns for staff safety.
- The management of the initial interview of child.
- Referral to a medical practitioner and authority to do so.
- Collection of physical evidence
- Any further actions agreed for Police and OT including considerations as to whether a multi-agency approach is required.
Initial Steps Oranga Tamariki and Police must follow
Referral - Information sharing between the 2 agencies
Consultation - discussion at appropriate levels
Agreement - agreeing upon an initial action in an IJIP (initial Joint Investigation Plan).
