Progress Test

Question 1

In negating consent, the crown has to prove one of three things. List the three things.

Answer 1

The victim did not consent
The victim’s consent was not valid
The defendant did not believe in reasonable grounds that the victim was consenting.

Question 2

What are the two elements to be proved in the charge of assault with intent to commit sexual violation?

Answer 2

Assaulted the victim

Intended to commit sexual violation

Question 3

The offence of sexual conduct with a child under 12 is complete when?

Answer 3

Sexual connection with a child
Attempted sexual connection with a child
Does an indecent act on a child

Question 4

List three grounds on which a direction can be made under s103(3) of the evidence act 2006 in regards to a witness giving evidence in an alternative way.

Answer 4

Physical, intellectual, psychological or psychiatric impairment
Witness fear of intimidation
Nature of the proceeding
Age and maturity
Trauma suffered by the witness
Nature of the evidence the witness in likely to give

Question 5

List the points that you would cover with the victim to explain the medical forensic examination procedure?

Answer 5

That the examination will be completed by a medical forensic practitioners specially trained in examine victims of sexually assaults.
Benefits of full medical examination, the Potential benefit to their physical, sexual and mental health.
Examination can help police obtain evidence to apprehend the offender
Time frames for the examination etc

Question 6

Define “serious child abuse”

Answer 6

Sexual abuse
Serious physical abuse
Serious wilful neglect
Serious family violence where the child is a witness
Allegations against CYF, approved caregivers, involved in serious abuse
Allegations against employees of child and youth and families/police

Question 7

Lost two main forms of sexual violation?

Answer 7

Sexual violation by rape & unlawful sexual connection