Multi choice Questions Flashcards
If a male has sexual intercourse with his 18 year old home stay student, is there any offence?
No offence committed
18 years and over is not an offence
When is the offence of sexual grooming, s131B(1)(a), C.A 1961 complete?
- When the offender intentionally meets the young person
- When the offender travels with the intention of meeting the young person
- When the offender arranges for or persuades the young person to travel with the intention of meeting him or her
When can previous consistent statements be admitted (p66)?
a) As rebuttal evidence only
How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?
b) at least 7 days
A child under 12 years can give consent in rare and exceptional circumstances?
R v COX - The circumstances that would justify that conclusion would be exceptional if not rare. A ten or eleven year old child may know what sexual intercourse is. She may indicate her agreement, but save in such exceptional and rare circumstances, she will not, simply because of her age and stage of sexual development, understand the significance of the act. In that sense, therefore, any consent she may purport to give will not be a legal consent because it will not be either rational or informed.
3 types of ASAI complaint types are?
Acute, Non acute and Historic
What is the principle difference between rape and unlawful sexual connection (p24)?
“Rape” is a specific form of unlawful sexual connection that involves the penetration of the complainant’s genitalia by the offender’s penis.
To be guilty of attempted sexual violation, what must the Crown prove (p32)?
The Crown must prove that at the time of the defendant’s conduct he:
- intended to have sexual connection with the complainant, and
- The complainant did not consent to the intended sexual connection, and
- The defendant did not believe on reasonable grounds that the complainant was consenting
In practice what is the best evidence that should be used as proof of a child’s age (p41)?
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
In practice, this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.
Ideally the independent evidence will be that of a parent, but that will not always be possible.
What is the purpose of a preliminary interview?
Refer ASA guidelines link
The purpose of a preliminary interview is necessary for investigators to gain a better understanding of what has occurred and to determine:
- What further investigative actions are necessary
- Whether an offence may have occurred, and
- Whether the victim wishes to make a formal complaint.
A homestay student having sex with the father of the house on the premise that she could use the car whenever she liked.
(a) No offence.
(b) Sexual Violation by Rape
(c) Section 129 - Sexual Connection by coersion
Can a child aged 12 consent to sexual intercourse?
Yes/No - confusing question because one part says no and the other says only in exceptional circumstances…
Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter (p54)?
Yes it is, an adoptive parent is a ‘parent’ thus incest.
At what age does a file become a ASAT file?
17 years or older at the time of making the complaint NOT 16
No question can be put to the victim regarding… (S44, Evidence Act 2006)
- Previous sexual history with any person other than the defendant
