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Crim Law Other > SAU Investigation > Flashcards

SAU Investigation Flashcards

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1
Q

Can sexual assault conviction be based on victims testimony alone

A

Yes

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2
Q

After telling offices on scene that everything was OK, a female got into the ambulance and told an EMT that she was raped. This is an example of

A

Excited utterance

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3
Q

After being raped, a female victim sent a message through Facebook to a friend. These texts were an excited utterance. The court noted that texting reflects:

A

How people her age communicate

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4
Q

The first complaint rule allows one witness to testify about what the victim said concerning _____ sexual assault

A

Any

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5
Q

What does the first complaint doctrine provide the jury?

A

A complete account of how the accusation of sexual assault arose

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6
Q

What is the time limitation for a first complaint witness?

A

No requirement of promptness, even a nine year delay

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7
Q

A first complaint witness may testify about the ____________ of the disclosure

A

Details and context

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8
Q

What type of communication between the victim and another qualifies for first complaint witness (3)

A

Written, texted, and oral statements

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9
Q

Disclosures of sexual abuse can be made in stages to first complaint witness if:

A

No meaningful gap in time

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10
Q

If a victim discloses to her mother in eighth grade about her father touching her, and then later discloses to a college advisor about further abuse by her father, can both witnesses testify?

A

Yes

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11
Q

Can there be multiple first complaint witnesses if there’s multiple crimes

A

Yes

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12
Q

If a defendant doesn’t remember telling someone about sexual abuse, can that person still testify as first complaint?

A

Yes

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13
Q

Can a defendant/suspect have a first complaint witness as well

A

Yes

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14
Q

Does asking a victim who else she told violate the first complaint rule

A

Yes

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15
Q

Who has the discretion to modify the first complaint rule in the interest of justice?

A

Trial judge

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16
Q

If the first complaint witness is bias and becomes hostile towards the victim, can the victim substitute with a different first complaint?

A

Yes

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17
Q

Another witness can be used if the first complaint witness is _______ or _______

A

Unavailable or incompetent

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18
Q

The first person to receive a report, whether by ______or _______is the first complaint

A

Phone or in person

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19
Q

If a victim tells the 911 dispatcher about a sexual assault, then tells the first responding officer about it, who testifies as the first complaint

A

The 911 dispatcher

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20
Q

Dispatchers and officers should perform a _______ and ______interview

A

Basic and compassionate

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21
Q

After a dispatcher or officer performs a basic interview, they should:

A

Turn the case over to investigators

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22
Q

Sexual assault victims are sensitive to the reaction they receive from:

A

Dispatcher or officer they initially contact

23
Q

________ may be enough to cause the victim to hang up the phone or walk away from the scene

A

Prematurely cutting off a victim

24
Q

During a basic interview, what may scare the victim

A

Asking too many biographical questions

25
Q

The first complaint rule does not limit (3):

A

Eyewitness reports
Rape kit protocol
Rebuttalof defense case

26
Q

The victims brother saw his sister being assaulted, then cried when she denied it. Can he be an eyewitness and a first complaint witness

A

Yes

27
Q

A sexual assault nurse performed a rape kit, including form 2 which contains detailed statements by the victim about specifics of the rape. Form 2 was admissible as a:

A

Medical record
-It was designed to determine the extent of injuries and not to simply corroborate allegations

28
Q

Can there be testimony that a victim was reluctant to talk to Police?

A

Yes

29
Q

Testimony about police or prosecutor meetings is typically

A

Inadmissible

30
Q

A victims father was the legitimate first complaint witness, can there be testimony that the victim also spoke with his mother and DCF after

A

No

31
Q

Testimony about the sexual abuse intervention network process is permitted to:

A

Rebut an allegation of police incompetence

32
Q

Written school or organizational policies, pertaining to inappropriate sexual relations are admissible as:

A

Business records

33
Q

Written school or organizational policies about inappropriate sexual relations are admissible if they were created and distributed:

A

Before the incident took place

34
Q

The rape shield law prevents a victims:

A

Prior sexual history from being exposed in court

35
Q

What law prevents a victims prior sexual history from being exposed in court

A

Rape shield law

36
Q

What is the purpose of the rape shield law?

A

To prevent a general attack of a victims credibility based on past promiscuity

37
Q

Can testimony of a victims past sexual history, be admitted before a grand jury?

A

No

38
Q

A victims social media profile displaying past engagement in homosexual behavior was protected by the

A

Rape shield law

39
Q

What are the three exceptions to the rape shield law?

A
  1. Evidence about the victims bias or motive to fabricate
  2. Evidence of the victims sexual conduct with the defendant.
  3. Evidence that the victims recent sexual conduct caused her injuries or physical condition.
40
Q

In any SAU case, the _____ must decide whether the proposed evidence is relevant

A

Judge

41
Q

Is victims past prostitution history admissible to show that she had a motive to lie?

A

No

42
Q

Hospitals must notify local police within _______ of processing a sexual assault kit

A

24 hours

43
Q

Police must take possession of the kit within ____ of notification by hospital

A

3 days

44
Q

Police must submit a rape kit to the Crime Lab within 7 business days of

A

Taking possession

45
Q

Kids associated with victims who have not yet filed a report with police are not subject to the seven day requirement they must be safely preserved by _____ for _______

A

Police
The entire statute of limitations for the applicable sexual assault charges

46
Q

The Crime Lab must test the kit within ____ of ______

A

30 days
Of receiving it

47
Q

What must the Crime Lab do with each kit?

A

Enter it into the statewide tracking system, and enter DNA profiles into CODIS and state database

48
Q

Is the electronic recording of SAIN interviews legally required

A

No, but it is good practice

49
Q

Repressed memory is a legitimate explanation for why a victim of sexual abuse might:

A

Come forward later

50
Q

Requested memory or _________ in response to trauma is a recognized diagnosis and may be the subject of expert testimony

A

Disassociative amnesia

51
Q

The law mandates that courts and police not publish a victims name relating to arrests, investigations, or complaints of (4 crimes)

A
  1. Any type of rape
  2. Assault with intent to rape
  3. Indecent A&B on child under 14
  4. Human sexual trafficking
52
Q

Officials who violate the release of victims name rule are subject to:

A

Fine $2500-$10000

53
Q

The law requires that Police keep all reports of rape and sexual assault ______

A

Confidential

54
Q

The venue rule for all forms of indecent A&B, rape, and assault with intent to rape, says that offenses may be prosecuted in:

A

County from which the victim was taken or county where the offense occurred

Crim Law Other (26 decks)

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