P5 SG8

Question 1

What defines Sexual intercourse?

includes any activity….

Answer 1

includes any activity whether hetero or homo consisiting of or involving,

a) penetration of the vagina, labia majora or anus by any part of another persons body or by any object,
b) fellatio
c) cunnilingus
ad includes continuation of such activity.

Question 2

What is Rape legislation?

A person is guilty……

Answer 2

A person is guilty of rape if the person engages or coninues to engage in sexual intercourse with another person who -

a) does not consent to engaging in the sexual intercourse
b) has withdrawn consent to the sexual intercourse and the offender knows or is recklessly indifferent to the bfact that the other person does not so consent or has so withdrawn the consent.

Question 3

Indecent Assault legislation?

Answer 3

1. A perosn who indecently assaults another person IGOO.
   a) basic offence - 8 years
   b) aggravated offence - 10 years
2. if the victim of the offence at the time of the offence was under the age of 14 years, the offence is an aggravated offence and it is unnecessary for the prosecution to establish that the defendant knew of or was reckless to the aggravating factor.

Question 4

Patrol response to sex offences considerations…

Answer 4

Victims full details
Offence location
Type of sexual assault
Did the offender ejaculate? if so, where?
Was a condom used?
Contact DNA - kissing, licking, biting?
Is the victim wearing the same clothes?
Has the victim showered since the offence?
Does the vicitm know the offender?
Consent to medical examination?
Examining doctor male?
Intoxication level?
Drugs used?

Question 5

Unlawful sexual intercourse legislation

S.49 (1) (3) (5) (6)CLCA -

(1) Child under 14 years,
(3) Child under 17 years,
(5) Position of authority - Child under 18 years
(6) Intellectual disability.

Answer 5

(1) A person who has sexual intercourse with any person under the age of 14 years shall be guilty of an offence and liable to be imprisoned for life.

(3) A person who has sexual intercourse with a person under the age of 17 years IGOO
(10 years)

(5) A person, who being in a position of authority in relation to a person being under the age of 18 years, has sexual intercourse with that person IGOO
(10 years)

(6) A person who knowing that another is by reason of intellectual disability unable to understand the nature or consequences of sexual intercourse, has sexual intercourse with that person IGOO

(10 years)

Question 6

Defences to Unlawful Sexual Intercourse

*** Consent defence under this section?? T/F

Answer 6

• the person with whom the accused is alleged to have sexual intercourse was, on or before the date of the offence was committed of or above the age of 16 years and;
• the accused was on the date of the offence under the age of 17 years or;
• beleived on reasonable grounds that the person with whom he is alleged to have sexual intercourse with was or above the age of 17 years.

*** Consent to sexual intercourse is not a defence to a charge of an offence under this section

Question 7

Children and young person Safety Act

S.17 CYPA - Definition of Harm (1) (2)

Answer 7

(1) HARM is taken as a reference to physical harm or psychological harm (whether caused by act or omission) and, includes such harm caused by sexual, physical, mental or emotional abuse or neglect.
(2) psychological harm does not include emotional reactions such as distress, grief, fear or anger that are responses to ordinary vicissitudes of life.

Question 8

S.18 CYPA - Meaning of At Risk (1) a,b,c,d,e,f,g

Answer 8

a) The child or young person has suffered harm
b) there is a likelihood that the child or young person will suffer harm.

c)There is the likelihood that the child will be removed from the state for the purpose of -
i)being subject to a medical or other procedure that
would be unlawful in this sate
ii) taking part in marriage ceremony that would void
marriage.
iii) enabling the child to take part in an activity that
would otherwise be an offence against the CLCA
in this state.

d) The parents or guardians are -
i) unable or unwilling to care for the child
ii) have abandoned the child and cannot be found
iii) are dead.

e) the child has been persistently absent from school without reasonable excuse
f) the child has no fixed address
g) any other circimstances prescribed by the regulations exist.

Question 9

S.31 (1) (4) CYPA - Reporting of suspicion that child is at risk

1) what must employers do
4) how must they report it

Answer 9

1. A person to whom this section applies must, if-
   a) the person SORGs that a child is or may be at risk; and,
   b) that suspicion was formed in the course of the persons employment, report that suspicion in accordance with sub section 4, as soon as reasonable practicable after forming the suspicion.
   4) A person reports a suspicion by doing the following

a) making a telephone notification to a telephone number known as the Child abuse report line.
b) making electron notification on an electronic reporting system.
c) reporting to a perosn of class or or pccupiying position of class to the gazette
d) other means prescribed by the minister.

and in each case provide

e) i)in the case of an unborn child - the name address of the mother of the unborn child
ii) any other case the name and address of the child and

f) information setting out the grounds for the persons suspicion, and.
g) such other information the person may wish to provide.

Question 10

S.41 (1) CYPA - Power to remove child

Child protection officer BORG’s….. a,b,c,d

Answer 10

Where a Child protection officer be;eives on reasonable grounds that -

a) a child or young person has suffered or there is significant possibility that the child will suffer, serious harm; and
b) it is necessary to remove the child from that situation in order to protect them from suffering serious harm; and,
c) there is no reasonably practical alternative to removing the child in circumstances

The child prtoection officer may remove the child from the premises, place, vehicle or vessel using such force (including breaking) as is reasonably required.

Question 11

S.149 CYPA - Power of child protection officer

A Child protection officer may as reasonably required…. a,b,c,d,e,f,g,h

Answer 11

A Child protection officer may as reasonably required in the enforcement of this act do one or more of the following…

a) enter and remain on any premises, place, vehicle or vessel and stop that vehicle or vessel.
b) inspect any place, premises, vehicle or vessel.
c) use reasonable force to into or open any part of, or anything in or on the place, premises, vehicle, vessel
d) if the officer beleives on reasonable grounds that the child is at risk of removal from the state for genital mutilation, marriage - may seize and retain any passport issued in the name of that child,
e) take photographs, films, audio, or other recordings
f) seize and retain anything that the officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this act;
g) require a person who the officer reasonably suspects of having, being about to contravene this act to state thier full name, and usual place of residence and produce evidence of thier identity.
h) give such directions as reasonably required in connection with the exercise of a power conferred by a preceding paragraph or other wise for the enforcement of this act.

Question 12

INTERVENTION ORDERS

S. 6 IOPAA — Grounds for issuing intervention order (a,b)

Answer 12

There are grounds for issuing an intervention order against a person (the defendant) if—

(a) it is reasonable to suspect that the defendant will, without intervention, commit an act of abuse against a person; and
(b) the issuing of the order is appropriate in the circumstances.

Question 13

S. 7 IOPAA —Persons for whose protection intervention order may be issued

(1) a, b (2) (3)
(1) An intervention order may be issued for the protection of…. a, b

Answer 13

(1) An intervention order may be issued for the protection of—
(a) any person against whom it is suspected the defendant will commit an act of abuse; or
(b) any child who may hear or witness, or otherwise be exposed to the effects of, an act of abuse committed by the defendant against a person.
(2) An intervention order may be issued for the protection of a person even if that person is not an applicant for the order and the application is not made on his or her behalf.
(3) If an issuing authority proposes to intervene against a defendant for the protection of more than 1 person, it may do so by issuing a single intervention order or by issuing multiple intervention orders, as it considers appropriate in the circumstances.

Question 14

IOPAA DEFINITIONS

Emotional or psychological harm includes—

Answer 14

(a) mental illness; and
(b) nervous shock; and
(c) distress, anxiety, or fear, that is more than trivial.

Question 15

IOPAA Meaning of abuse — domestic and non-domestic (1) (2) a,b,c,d

(1) Abuse may take many forms including….

Answer 15

(1) Abuse may take many forms including physical, sexual, emotional, psychological or economic abuse.
(2) An act is an act of abuse against a person if it results in or is intended to result in—
(a) physical injury; or
(b) emotional or psychological harm; or
(c) an unreasonable and non-consensual denial of financial, social or personal autonomy; or
(d) damage to property in the ownership or possession of the person or used or otherwise enjoyed by the person.

Question 16

DOMESTIC ABUSE IOPAA

definition - list points that make it domestic relationship

Answer 16

DA is committed by a defendant against a person with whom the defendant is or was formally in a relationship. For that purpose 2 person are in a relationship if they are either -

• married to each other,
• domestic partners
• in some other form of intimate personal relationship
• a chil, step child, grandchild, or child who regularly resides, or under guardianship including GOM regardless of age
• Loco parents
• brothers or sisters
• related by blood, marriage, domestic partnership or adoption.
• related according to aborigional or torres strait islander kindship rules
• related by some other cultural rules
• a carer

Question 17

S.34 IOPAA—Powers facilitating service of intervention order (1) (2) a, b, i,ii, (3) a, i,ii, b, i, ii, (3a)

(1) If a police officer proposes

Answer 17

(1) If a police officer proposes to issue an interim intervention order against a person, the officer may—

(2)

(a) require the person to remain at a particular place for so long as may be necessary for the order to be prepared and served; and
(b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—
(i) so long as may be necessary for the order to be prepared and served; or
(ii) 2 hours or such longer period as is approved by the Court,

whichever is the lesser.

(3) If a police officer has reason to believe that a person is subject to an intervention order that has not been served on the person, the officer may—
(a) require the person to—
(i) remain at a particular place for so long as may be necessary for the order to be served; or
(ii) accompany the officer to the nearest police station for the order to be served; and
(b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with—arrest and detain the person in custody (without warrant) for—
i. so long as may be necessary for the order to be served; or
(ii) 2 hours or such longer period as is approved by the Court,

whichever is the lesser.

(3a) If a person accompanies a police officer to a police station in accordance with a requirement under subsection (3)(a)(ii), a police officer must ensure that the person is returned to the place at which the request was made, or taken to a place that is near to that place, unless to do so would be against the person’s wishes or there is other good reason for not so doing.

Question 18

35 IOPAA—Powers following service of intervention order

(1) If a police officer believes on reasonable grounds that,

Answer 18

(1) If a police officer believes on reasonable grounds that, in conjunction with serving an intervention order, it is necessary to arrest and detain the defendant in custody for a short period to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order, the police officer may arrest and detain the defendant in custody (without warrant) for—
(a) so long as may be necessary to prevent the immediate commission of abuse against a person protected by the order or to enable measures to be taken immediately for the protection of a person protected by the order; or
(b) 6 hours or such longer period as is approved by the Court, whichever is the lesser.
(2) The Court may, on application by a police officer, extend a period of detention under subsection (1) if satisfied that it is appropriate to do so in the circumstances, but not so that the aggregate period of detention of the person exceeds 24 hours.

Question 19

S.37 IOPAA—Power to search for weapons and articles required to be surrendered by intervention order

(1) If an intervention order requires the defendant to…

Answer 19

(1) If an intervention order requires the defendant to surrender specified weapons or articles, a police officer may—
(a) search the defendant and anything in the defendant’s possession for such a weapon or article; and
(b) enter any premises or vehicle where such a weapon or article is reasonably suspected to be and search for such a weapon or article,

and take possession of the weapon or article.

(2) A police officer may use reasonable force in the exercise of powers under this section (including reasonable force to break into or open any part of, or anything in or on any premises or vehicle).
(3) In the exercise of powers under this section a police officer may be assisted by such persons as he or she considers necessary in the circumstances.

Question 20

S.36 IOPAA—Power to arrest and detain for contravention of intervention order

Answer 20

(1) If a police officer has reason to suspect that a person has contravened an intervention order, the officer may, without warrant, arrest and detain the person.

Question 21

POLICE INTERIM IO

ISSUING A POLICE INTERIM IO

(4 dot points considerations)

Answer 21

• Defendant must be present/ in custody.
• must obtain authorisation prior to issue
• Authorisation must be from a substantive Sergeant or officer of police.
• The order comes into service upon personal service on the defendant.
• Must require the defendant to appear within 8 days after the date of the order (metro) or if court not within 8 days then within 2 days after court.

Question 22

STALKING

First single incident

Answer 22

• 1st occassion advice is to be submitted.
• All relevant statements and other evidence must be obtained.
• Police must advice compl of the legislative requirement of 2 occassions.
• Suspect should be cautioned and advised of the allegations and given opportunity to respond.
• Suspect is to be advised of the consequences of such behavior and then liable to criminal proceedings.
• Suspect to be given Stalking type bahaviour 1st occasion warning.
• The warning is to be recorded in your notebook and the occurence and time and dated of the warning.

Question 23

Division 5—Stalking

19AA—Unlawful stalking

(1) A person stalks another if—
(2) what is the offence? and terms of imprisonment
(3) what other charge must go with stalking?

Answer 23

(1) A person stalks another if—
(a) on at least two separate occasions, the person
(i) follows the other person; or
(ii) loiters outside the place of residence of the other person or some other place frequented by the other person; or
(iv) enters or interferes with property in the possession of the other person; or
(v) gives or sends offensive material to the other person, or leaves offensive material where it will be found by, given to or brought to the attention of the other person; or,
(iva) publishes or transmits offensive material by means of the internet or some other form of electronic communication in such a way that the offensive material will be found by, or brought to the attention of, the other person; or
(ivb) communicates with the other person, or to others about the other person, by way of mail, telephone (including associated technology), facsimile transmission or the internet or some other form of electronic communication in a manner that could reasonably be expected to arouse apprehension or fear in the other person; or
(vi) keeps the other person under surveillance; or
(vii) acts in any other way that could reasonably be expected to arouse the other person’s apprehension or fear;
(b) the person—
(i) intends to cause serious physical or mental harm to the other person or a third person; or
(ii) intends to cause serious apprehension or fear.
(2) A person who stalks another is guilty of an offence.

Maximum penalty:

(a) for a basic offence—imprisonment for 3 years;
(b) for an aggravated offence—imprisonment for 5 years.
(3) A person who is charged with stalking is (subject to any exclusion in the instrument of charge) to be taken to have been charged in the alternative with offensive behaviour1 so that if the court is not satisfied that the charge of stalking has been established but is satisfied that the charge of offensive behaviour has been established, the court may convict the person of offensive behaviour.