Module Study - Sexual Offences Pt 2 Flashcards
Sexual conduct with a dependant family member act, section and element
131(1), (2) and (3) CA 1961
A person
(1) has sexual connection with
(2) Attempts to have sexual conection with
(3) Does indecent act on
A dependant family member under 18 years of age
When can a witness address, occupation, sexual experience be disclosed/discussed?
- Determined by the judge
- Relevant to the facts in issue
- excluded if contrary to the interest of justice
Previous Consistent Statements Rule, when can a previous consistent statement be admitted?
- As rebuttal evidence only.
Explain the requirements to charge someone under Section 195A Failure to Protect Child or Vunerable Adult
Knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of;
- an unlawful act or omission by another person; and
- fails to take reasonable steps to protect the victim from that risk.
and they are;
- a member of the same household as the victim (or closely connected with the household with frequent contact); or
- a person who is a staff member of any hospital, institution, or residence where the victim resides; and
They fail to take reasonable steps to protect the victim from that risk; and
are of or over 18 years of age.
A child is anyone aged 0-17 for the purposes of section 195 & 195A.
What does the Initial Joint Investigation Plan (IJIP) outline in cases of serious child abuse?
- What agincies are involved in the case
- What they will do
- When they will do it
The child’s safety and well being
1. Any joint visits required 2. Management of the child victims initial interview 3. The need of specialist child witness interview 4. Collection of Evidence 5. Referral to Medical Practitioner
What is Purpose of preliminary Interviews?
To obtain a brief outline of facts ‑ What has happened? ‑ When did this take place? ‑ Where did it take place? ‑ Who is the offender? ‑ victim safety ‑ public safety ‑ urgent investigation needs, considering: ‑ potential for loss of evidence ‑ medical circumstances ‑ suspects likely actions
Define Unlawful Sexual Connection
Person A has unlawful sexual connection with person B if person A has Sexual Connection with person B
i) with out person B’s consent
ii) without believing on reasonable grounds that person B was consenting to the connection
How far out must defence receive a transcript before a preliminary hearing or defended summary hearing?
- As soon as practicable after the defendant pleads not guilty
- At least 7 days before the preliminary hearing.
Name three cimcumstanceces where Police would remove a child from a househould.
- Serious Wilful neglect
- Serious physical abuse
- Sexual assault
- When a child is witness to a serious assault
- Any allegations made against a carer involving serious physical abuse
- Production of methamphetamine / storage of volatile chemicals for the creation of drugs
List three alternative ways a witness can give evidence
- In the courtroom but they cannot see the defendant or some other specified person
- From an appropriate place outside the courtroom, either in New Zealand or elsewhere via CCTV.
- By video recording made before the hearing of the proceeding.
Before attending a Medical Examination, what shoudl you explain to a victim?
- that the examination will be conducted by a medical forensic practitioned specially trained in examining victims of sexual assault.
- The benefits of a full medical forensic exam including:
- Potential benefit to the physical, sexual and mental health
- how the examination can help Police opbtain evidence to apprehend the offender.
- the expected time frame fo the examination and, if appropriate, possible outcomes of the examination.
What are three areas to consider in determining whether physical abuse is serious and if it meets the threshold for referral as a CPP case?
- the action of the abuse (eg strike to the head, weapon used, strangulation, attempted drowning)
- the injury inflicted, (eg. Broken bone, concussion, burns) and
- the circumstances of the case (repetitive, loss of control, etc)
When is the offence of sexual exploitation of a person with significant impairment complete?
- When there is a sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
- Obtained the impaired person’s acquiescence in, submission to, participation in or undertaking of the connection by taking advantage of the impairments.
In certain circumstances, the Judge can ask the witness to state their address details. In what circumstances will the occur?
If the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
What is the principal difference between sections 128 and 129A in relation to consent obtained by threat?
Section 128 requires that the threat be a threat of force.
