Investigation Guidelines

Question 1

Section 195 Crimes Act - Ill treatment or neglect of child or vulnerable adult (who are liable?)

Answer 1

• A person who has actual care or charge of the victim OR
• A person who is a staff member of any hospital, institution or residence where the victim resides

Question 2

Section 195A Crimes Act - Failure to protect child or vulnerable adult (who is criminally liable)

Answer 2

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

Question 3

Section 195A Crimes Act - Failure to protect child or vulnerable adult (When will Criminal Liability arise) hint mens rea/actus rea

Answer 3

If frequent contact with child (or vulnerable adult) AND:

• Knows (Mens rea) - the victim is at risk of death, GBH or sexual assault as a result of the acts or omissions of another person AND
• Fails (Actus rea) - to take reasonable steps to protect the victim from that risk.

Question 4

What are the 3 Timeframes for Reporting?

Answer 4

• Critical – 24hrs – No safety identified. Risk of serious harm. Requires immediate involvement
• Very urgent – 48hrs - Risk of serious harm. Some protective factors present for next 48 hours. Situation likely to change, high priority follow-up required
• Urgent – 7 days – Risk of harm or neglect and circumstances likely to negatively impact. Vulnerability and pattern exists which limits protective factors.

Question 5

What is an Initial Joint Investigation Plan (IJIP)?

Answer 5

Initial plan jointly created by Oranga Tamariki and Police – to record agreed actions on the agreed template

Question 6

Define Neglect?

Answer 6

Intention ill-treatment = Neglect. Must be serious and avoidable.

E.g. not providing adequate food, shelter, clothing, not protecting from physical harm or danger, not accessing appropriate medical treatment or care

Question 7

What must you consider for Initial Joint Investigation Plan (IJIP)?

Answer 7

• Immediate safety of child
• Referral to medical practitioner
• Management of initial interview
• If joint visit required due to risk of further offending, loss of evidence, hostility of offender, concerns for staff safety
• Collection of physical evidence
• Any further actions agreed including consideration of need for multi-agency required

Question 8

When interacting with Victims of Sexual Offences

Answer 8

CALM TEA

• Conduct your dealings in a sensitive manner
• Accept they are telling the truth (until evidence to the contrary)
• Listen to what they are saying (even if it is to vent)
• Medical attention (if required)
• Treat them courteously
• Explain the process, why you need to follow the process and ask certain questions.
• Advice them of local supports available.

Question 9

What are the timings of a Complaint (sexual complaints)

Answer 9

• Acute: Within 7 days of sexual assault.
• Non-acute: 7 or more days after sexual assault but before 6 months.
• Historic: After 6 months of the sexual assault.

Question 10

Primary Objective of Examination

Answer 10

The ASA victim’s well-being and safety is paramount. The primary objective of a medical examination is the victims physical, sexual and mental health and safety.

Of secondary importance is the opportunity to collect trace evidence to support Police investigation.

Question 11

Medical Forensic Examination (Information for Examiner)

Answer 11

• Advise AGE/GENDER of victim as they may impact on Practioner’s suitability
• Advise WHEN sexual assault is believed to have occurred.
• Brief outline of WHAT HAPPENED, under influence of drugs/alcohol or any health concerns.
• Discuss whether preference of GENDER EXAMINER.
• Discuss whether CHILD’s sexual assault complaint should be investigated by ADULT sexual assault procedures.