Must knows

Question 1

What is the definition of Sexual Connection?

Answer 1

(a) Introduction into the genitalia or anus (other than for genuine medical purposes)

(i) of a part of another persons body

(ii) an object held or manipulated

(b)Connection between mouth or tongue and a part of another person’s genitalia or anus

(c) The continuation of connection

Question 2

What information do you need to obtain in preliminary interviews?

Answer 2

What has happened?
When did this take place?
Where did it take place?
Who is the offender?

Question 3

Explain Section 128A Crimes Act 1961 (1-8)

Answer 3

Allowing sexual activity does not amount to consent in some circumstances

1) Does not protest or offer physical resistance

2) Allows the activity because of
a) force applied
b) the threat of force
c) the fear of force

3) Asleep of unconscious

4) Affected by alcohol or drugs

5) Intellectual, mental or physical condition or impairment

6) Mistaken identity

7) Mistaken about nature or quality

8) This section does not limit the circumstances in which a person does not consent to sexual activity

Question 4

Who does Section 195A apply to?

Answer 4

Section 195 - Ill-treatment or neglect of child or vulnerable adult.

Section195A - Failure to protect child or vulnerable adult

Applies to:

Members of the same
household as the victim
Staff members of any hospital,
institution or residence where
the victim resides

Question 5

What must the prosecution prove for indecent assault?

Answer 5

• The defendant intentionally assaulted the complainant
• The circumstances accompanying the assault were indecent
• The defendant intended the conduct that a reasonable person would find indecent

Question 6

Defence under Section 134A

Answer 6

Defence to a charge under 134.

(a) before the time of the act, taken reasonable steps to find out whether the YP was of or over 16 AND

(b) at the time of the act, believed on reasonable grounds that the YP was of or over 16 AND

(c) the YP consented

Question 7

When is the offence of Sexual Grooming complete?

Answer 7

• When the parties meet or
• The defendant travels or
• The defendant makes arrangements to meet the complainant with the relevant intent

Question 8

When can a previous consistent statement be admitted?

Answer 8

• To respond to a challenge to the witnesses veracity, based on a previous inconsistent statement
• The circumstances relating to the statement provide reasonable assurance that the statement is reliable and the statement provides the court with information that the witness is unable to recall

Question 9

Purpose of a medical examination

Answer 9

The primary objective is the victims physical, sexual and mental health and safety.

Of secondary importance is the opportunity to collect trace evidence.

Question 10

Relationships for incest

Answer 10

• Parent and child
• Siblings
• Half-siblings
• Grandparent or grandchild

Question 11

Who does the ASAI policy and procedures apply to?

Answer 11

All cases where the victim of the alleged offending is 18 years or older at the time the complaint is made.

Question 12

Section 44 Evidence Act

Answer 12

No evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant (unless with the judges permission)

Question 13

Section 87 Evidence Act

Answer 13

Section 87 protects a witness from having to state their address and having questions put to them about that information. This includes name and number or street and name of town or community.

Can only be disclosed if the judge determines they are directly relevant