Procedures Flashcards
Adult Sexual assault investigation age
Policy and procedures: in all cases where the victim of the alleged offending (male or female) is 18 years of age or older at the time of making the complaint.
Child Protection investigation age
Children protection investigation Police and procedures: if the victim, at the time of making the complaint, is under 18 years of age.
Exceptions (Child and adult procedures)
There may be situations where victims should be dealt with according to a mixture of both adult and child guidelines.
Actions when children are treated under adult guidelines:
- Oranga Tamariki are notified of any care and protection issues
- Any actions necessary to protect the child or other children that may be at risk from the offender are taken.
Sexual offending not covered by adult and child guidelines
- The principles of ASAI policy and procedures and its twelve key process points wherever appropriate, particularly noting the advice in the “investigations and evidence assessment section on dealing with suspects.
- Another appropriate best practice investigation approach.
Key points of ASAI
1 Initial actions on action
- brief details of the complaint are obtained to determine initial actions. Could these where necessary.
2 case referral
- Incident is referred to as soon as possible to the CIB and an ASA investigator. The investigator shall ensure that the complaint is entered into NIA as soon as practicable and update case records as the investigation progresses.
3 Providing specialist support
- where the victim consent, arrange for a specialist sexual assault response person to provide support.
4 Preliminary interview
- A CIB member or ASA investigator undertakes a preliminary interview of the victim.
5 Information feedback
- whenever possible, and as soon as practicable, the victim is informed as to investigative findings and decisions.
6 Medical examination
- Organise a medical examination as soon as possible in appropriate cases. This is especially important in acute reports (reported within 7 days of the assault) or suspected drug-facilitated sexual assault.
7 formal interview
- Formally interview the victim
8 Investigation and evidence assessment
- Complete case investigation (CIP) and keep it updated. Re-assess investigation and commence or continue investigation phases, such as scene examinations, witness and suspect enquiries.
9 Resolution options
- Consider options for resolution including prosecution
10 Prosecution
- Follow standard file preparation and prosecution procedures. Ensure support for the victim and keep them informed.
11 Final actions
- Final actions on case conclusion and ensure accurate and detailed records and statistics of sexual assault offence are held by Police.
12 Preventative opportunities
- Consider what can be learnt from an investigation regarding prevention or education opportunities or procces enhancements.
Victim rights
Under the Victim’s rights act 2002, victims are entitled to receive certain information. Victims must be given regular updates on the progress of the investigation, charges laid or the reason for not laying charges and court proceedings.
Three types of ASAI
- Acute
- Non Acute
- Historical
What are the three ways in which proof of penetration can be provided
- Complainants statement
- Medical examination
- Accussed admissions
Explain the provisions relating to matters that do not constitute consent
Crimes Act 1961, Section 128A
Circumstances in which a person allows sexual activity but it does not amount to consent:
- force, threat or fear of violence
- lack of protest or resistance
- asleep or unconscious
- affected by alcohol or drugs
- intellectual, mental or physical impairment
- mistaken as to identity
- mistaken as to nature and quality of act
What are the two offences under s129?
(1) Attempted sexual violation
(2) Assault with intent to commit sexual violation
Attempts
s72(1), Crimes Act 1961
Every one who, having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.
List three examples of circumstantial evidence from which an offender’s intent may be inferred
- offender’s actions and words before, during and after the event
- surrounding circumstances
- nature of the act itself
What were the findings in R v Harpur re-attempts?
R v Harpur
An attempt includes “an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime”.
R v Harpur re acts that may be sufficiently proximate.
R v Harpur
The Court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…the defendant’s conduct may be considered in its entirety. Considering how much remains to be done…is always relevant, though not determinative.
