Questions Two Flashcards
Liabilities
Sexual Violation by Unlawful Sexual Connection - Section 128(1)(b) Crimes Act 1961
Sexual Conduct with a Young Person - Section 134(1) Crimes Act 1961
Define Consent
“A persons conscious and voluntary agreement to do something desired or proposed by another”.
R v LEESON
An assault accompanied with circumstances of indecency.
What is the defence under s134?
- Prior to the act, they had taken reasonable steps to ascertain that the young person was at last 16, and
- At the time of the act, they believed on reasonable grounds that the young person was at least 16, and
- The young person consented.
When is the offence of sexual grooming complete?
- When the offender intentionally meets the young person
- When the offender travels with intention of meeting the young person
- When the offender arranges for or persuades the young person to travel with the intention of meeting him or her
S128A
The following circumstances do not constitute consent:
- Not offering physical resistance do to use of force, fear of force or threat of force
- Asleep or unconscious
- Affected by drugs or alcohol
- Mental or physical impairment
- Mistaken ID
- Mistaken as to nature and quality of the act
In certain circumstances S87 EA2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?
- If the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
Before attending a MEK, what sound you remind the victim?
- No eating or drinking
- No going to the toilet (if necessary, use a toxicology kit to capture uring and ask the female victim not to wipe)
- No washing or showering
- No washing of hands or biting fingernails
When is the offence of having exploitative sexual connection with a person with a significant impairment complete:
(a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment; and
(b) has obtained the impaired persons acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment.
When is the offence of sexual exploitation with a person with significant impairment complete?
- Has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment, and
- Has obtained the impaired person’s acquiescence in, submission to, participation in, or undertaking of the connection by taking advantage of the impairment
Can a child aged 12 consent to sexual intercourse?
Yes/No - confusing question because one part says no and the other says only in exceptional circumstances…
Is it an offence for an adoptive parent to have sexual intercourse with his 18 year old daughter?
Yes it is, an adoptive parent is a ‘parent’ thus incest.
At what age does a file become an ASAT file?
17 years or older at the time of making the complaint
NOT 16
No question can be put to the victim regarding… (S44, Evidence Act 2006)
- Previous sexual history with any person other than the defendant
What 3 things must the Crown prove in relation to an Indecent Assault?
- Defendant intentionally assaulted the complainant
- The circumstances accompanying the assault were indecent
- The defendant intended the conduct that a reasonable person would find indecent
