MUST KNOW Flashcards
Define rape
non consensual penetration of the complainants genitalia by the offenders penis
penetration
For “sexual connection”, introduction of the slightest degree is enough to effect a connection
Any degree of penetration, no matter how slight or fleeting, is sufficient
If a part of the offenders body or an object held or manipulated by him is between the complainant’s labia to the slightest degree, it will constitute penetration for the purposes of sexual violation
How is proof of penetration established
- complainants evidence
- medical examination, including physical injuries and DNA evidence
- The defendants admissions
Define
Sexual connection
Connection effected by the introduction into the genitalia or anus of one person, other than for genuine medical purposes, of:
i) a part of the body of another person; or
ii) an object held or manipulated by another person; or
connection between the mouth or tongue of one person and a part of another persons genitalia or anus or
the continuation of connection of a kind described in paragraph a or paragraph b
continuation
sexual activity is started consensually, but consent is later withdrawn
the subjective/ objective test in relation to consent
the complainant did not consent to the sexual act (a subjective test) AND
The offender did not believe the complainant was consenting (a subjective test) OR
If he or she did believe she was consenting, the grounds for such a belief were not reasonable (objective test)
What does section 44 of the evidence act 2006 cover?
Generally, no evidence or questions (except with the judge’s permission) can be put to the complainant about their sexual experience with any person other than the defendant.
However, evidence of the complainants propensity to act in a certain way with the defendant, including sexually, may be offered as evidence but only if the judge grants permission
What section and act covers complainants address?
Section 87 of the evidence act 2006 protects a witness from having ti state their address and having questions put to them about that information.
This includes not only the name and number of the street, but also the name of the town or community the witness lived in.
HOWEVER, these details may be disclosed where the judge determines that they are directly relevant to the facts in an issue and to exclude them would be contrary to the interest of justice
What section and act covers the complainants occupation?
Section 88 of the evidence act 2006
protects a complainant from having put to them or to teh witness about the complainants occupation, or having evidence given, or statements/ remarks made about the complainants information
However, an application can be made to the judge to disclose this information in court
What section covers corroboration?
Section 121 of the evidence act 2006
In any criminal proceeding, the complainants evidence does not have to be corroborated.
This is especially important in cases of a sexual nature, where the offence is often committed with no independent evidence to corroborate the complainants account
What is the standard committal procedure?
Application for the court to agree to hear oral evidence.
if this is granted then the complainant of sexual offences will have protection surrounding who can be present and what can be asked.
What legislation covers the previous consistent statements rule and describe it
Section 35 of the evidence act 2006
A witness (the victim)’s previous statement is INADMISSIBLE UNLESS defence challenges the veracity of the witness. THEN it is admissible as a response
Section 35(2) makes a previous consistent statement admissible to the extent that if it is necessary to respond to a challenge to the witness’s veracity or accuracy, the challenge must be based on:
- a previous inconsistent statement of a witness, or
- a claim that a witness recently invented evidence
Veracity
the disposition of a person to refrain from lying, whether generally or in the proceeding
Why use a level 3 specialist interviewer?
The specialists use enhanced cognitive interview techniques to maximise the quality and quantity of information obtained from cooperative witnesses
What are the advantages of visually recording interviews?
- Greater quality and quantity of information obtained
- minimising trauma
- reduce contamination
- witness can refresh memory before court
