General Questions 4 Flashcards
What is the objective test for indecency?
Indecency must be judged in the light of the time, place, and circumstances. It must be something more than trifling and be sufficient to warrant the sanction of the law
What are the three invalid consents listed in section 128A(2) CA?
(a) force applied to him or her or some other person; or
(b) the threat (express or implied) of the application of force to him or her or some other person; or
(c) the fear of the application of force to him or her or some other person.
What is the Purpose of the preliminary interview when speaking to a Victim of a sexual assault?
- Gain better understanding of what has occurred
- Brief outline of facts
- Victim safety
- Public safety
- Urgent investigation needs, considering: Potential for loss of evidence, medical circumstances , Suspects likely actions
Post preliminary interview considerations
- Re-assess investigation
- Secure and contain scene
- Secure and preserve fragile or diminishing evidence
- Identifying and locating witnesses
- Detecting and apprehending suspect, considering public safety and likelihood of further offending
What information to advise medical practitioner
- Advise the age and gender of the victim as this may impact on the practitioner’s suitability
- advise when the sexual assault is believed to have occurred
- give a very brief outline of the information known so far, including whether drugs and/or alcohol may be involved, details of the victim’s injuries or other known health concerns
- if relevant, discuss the victim’s wishes about gender of the examining practitioner
What should you brief with medical practitioners after the examination?
- advise on any immediate needs of the victim
- identify any significant disclosures made by the victim during the examination which may be useful in the Police investigation, or in the case of under 18 year olds being dealt with under these procedures, require notification to Oranga Tamariki.
- verbally summarise the exhibits and advise their possible significance in the investigation
- identify any forensic items that may need to be taken to ESR as soon as possible for analysis to minimise loss of evidential benefits
- advise whether any photographs have been taken as part of the examination
- identify any injuries that should be photographed (i.e. non-intimate injuries)
Define sexual abuse in children?
- Acts involving circumstances of indecency, or
- Sexual violation of a child (attempts included), or
- Using a child in making sexual imaging
When would you remove a child?
- When its not safe to leave them or you believe on reasonable grounds the child will suffer ill treatment, neglect, abuse or harm if left AND there is no practical means of ensuring the child’s safety.
Assault with intent to commit sexual violation - what must the crown prove?
The defendant intended to commit the full act of sexual violation and acted as he did for the purpose of achieving his aim.
Meaning of corroborate?
Not defined in Crimes Act 1961, but in oxford dictionary means ‘to strengthen or support other evidence or make more certain’.
R v Harpur - Attempts
An attempt includes and act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.
Mens Rea in Attempted Sexual Violation
The only difference in SV and attempted SV is that in the attempt, the offender was unsuccessful in effecting the intended sexual connection. The mental element remains the same in relation to belief in consent. Crown must prove SV intent
(Victim did not consent, Defendant did not believe Victim was consenting, If Defendant did believe Victim was consenting that belief was unreasonable…)
What are the two different intents in Assault with intent to commit sexual violation?
- In the hope that the complainant will then change their mind and consent to the act, or
- Intending to commit rape or sexual connection regardless of whether the complainant changes their mind
