Questions Flashcards
What is the difference between Rape & U/L sexual connection ?
Rape is a specific form of sexual violation that involves nonconsensual penetration of the complainants genitalia by the offenders penis
U/L sexual connection has a wider meaning and includes the form of nonconsensual penetration or oral connection with a persons genitalia or anus
What is Incest
Between 2 people whose relationship is of a parent and child, siblings, half siblings, grandparent and grandchildren and knows about the relationship.
Definition of Sexual Connection ?
Connection effect by the penetration of one’s genitalia or anus by another’s person body’s part or an object held or manipulate by another or
Connection between the mouth or tongue of one person and a part of another person genitalia or anus or
Continuation of connection for a kind described in paragraph (a) or paragraph (b)
What offences are under 132 ?
Has sexual connection
Attempts to have sexual connection
Does an indecent act
S135, what does the crown need to prove ?
- The Defendant intentionally assaulted the complainant
- The circumstances around the assault were indecent
- The Defendant intended conduct that reasonable person would find indecent
Grooming is complete ?
When the parties meet
Defendant travels or makes arrangement to meet the complainant with relevant intent
To be intentional the meeting needs only be purposely arranged
R v Forest and Forest ?
Best possible evidence adduced from age
Who does s195A apply to ?
Members of the same household of the victim and people who are staff members of any hospital, institution or residence where the Victim resides and
KNOWS the victim is at risk of death, GBH or sexual assault as a result of the acts or omission of another person AND
FAILS to take reasonable steps to protect the victim from that risk.
S87(1)(2)
Protects the witness from having to state their address or answer any questions about the address including town they live in.
Judge can grant permission if it is direct reference to the fact in issue
Purpose or preliminary interviews
- Brief outline of facts
- Victims safety
- Public safety
- Urgent investigation needs, considering
Potential evidence loss
Medical circumstances
Suspects likely action
R v Koreheke
Reproductive organs interior and exterior, including vulva and labia both interior and exterior and at the opening of the vagina
131B - Defence Meeting young person following sexual grooming
- Before the time, he or she took actions concerned, he or she had taken reasonable steps to find out whether the young person was of or over the age of 16 years
- At the time he or she took actions concerned, believed on reasonable grounds was of or over the age of 16 years
When can you remove a child on reasonable grounds ?
Remove a child when it is not safe to leave them there & believe on RG that if left they will suffer or are likely to suffer
- Ill treatment
- Neglect
- Deprivation
- Abuse
- Harm
There is no other practical means of ensuring their safety
Evidence act 44 ?
No evidence can be given or questions can be asked of the witness relating to the sexual experience of the complainant with any person other than the Defendant without permission of the judge.
Judge can grant permission direct relevance to the facts issue
128A consent isn’t valid
- Physical resistance or protest
- Force applied, threat of force, fear of force
- Asleep or unconscious
- Affected by alcohol or some form of drug that he or she cannot refuse or consent to the activity
- Intellectual, mental or physical condition or impairment to such a nature and degree he or she cannot refuse or consent to the activity
- Mistaken about who the other person is
- Mistaken about its nature or quality
128(A)(2) …
FORCE
Force that is intended or sufficient to cause GBH would normally negate a claim that consent had been given. A lesser degree of force would be accepted if it caused the victim to submit or acquiesce to the act
THREAT
Threat to use force against the victim or some other person. Circumstances of the case will establish whether the threat was sufficient to negate the claim of genuine consent
FEAR
Victim must be afraid that force will be sued against them or another person, even if the force was not actually used or threatened
Define consent ?
A persons conscious and voluntary agreement to something desired or proposed by another
What was held in R v Harpur regarding the defendants conduct ?
Have regard the conduct viewed cumulatively up to the point when the conduct in questions stops.
The defendants conduct may be considered in its entirely. Considering how much remains to be done is always relevant but not determinative.
With Attempted Sexual Violation the Crown must prove that the time of the defendants conduct he:
- intendeds to have sexual connection with the complainant and
- the complainant did not consent to the intended sexual connection and
- the defendant did not believe on reasonable grounds that the complainant was consenting
What makes “Attempt to commit sexual connection” ?
Taking a substantial step in committing the act
List four things that victims should refrain from before a medical examination procedure ?
- No eating or drinking
- No going to the toilet (if necessary, use toxicology kit to capture urine and ask female not to wipe)
- No washing or showering
- No washing of hands or biting fingernails
List points that you would cover with a victim to explain the medical forensic examination procedure ?
- examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
- benefits of a full medical forensic examination including
- Potential benefits to their physical, sexual and mental health
- How the examination can help Police obtain evidence to apprehend the offender
- The expected time for the examination and, if appropriate, possible outcomes of the examination
Ask the Victim if they have any concerns about gender
What actions should you take to provide a safe and secure environment in which they may regain some control of their lives ?
- Conduct your dealings in a sensitive and concerned manner
- Accept they are telling you the truth until/unless there is evidence to prove the contrary
- Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings
- Establish whether they require Medical examination
- Treat them courteously
- Explain the process you are following and why you need to follow the process and ask certain questions
- Advise them of the local counselling services available
134(4) defence
Cannot be charged if he or she was married to the young person at the time concerned
R v Lessen
Indecent assault is assault accompanied by circumstances of indecency
When is the offence of having exploitative sexual connection with a person with significant impairment complete ?
Having sexual connection with the impaired person
Knowing that the impaired person is a person with significant impairment
AND
Has obtained the impaired persons submission to, participation or undertaking of the connection by taking advantage of the impairment
