Second Summary

Question 1

If a male has sexual intercourse with his 18 year old homestay student, is there any offence?

Answer 1

No offence committed (18 years and older no offence).

Question 2

When is the offence of sexual grooming complete?

Answer 2

• when the offender intentionally meets the young person
• when the offender travels with the intention of meeting the young person
• when the offender arranges or persuades the young person to travel with the intention of meeting him r her

Question 3

When can a previous consistent statement be admitted?

Answer 3

As rebuttal evidence only

Question 4

How far out must a prosecutor give the transcript to the defence before preliminary hearing or defended summary hearing?

Answer 4

At least 7 days

Question 5

Can a child aged 12 consent to sexual intercourse?

Answer 5

In exceptional circumstances…?

Question 6

Is it an offence for adoptove parents to have sexual intercourse with his 18 year old daughter?

Answer 6

Yes an adoptive parent is a parent so it is incest

Question 7

At what age does a file become an asat file?

Answer 7

17 years or older at the time of making the complaint

Question 8

No question can be put to the victim regarding… (s44 Evidence Act)

Answer 8

previous sexual history with any person other than the defendant

Question 9

What 3 things must the crown prove in relation to an indecent assault?

Answer 9

1. defendant intentionally assaulted the complainant
2. the circumstances accompanying the assault were indecent
3. the defendant intended the conduct that a reasonable person would find indecent.

Question 10

Can a 17 year old uncle be charged with failing to protect a child?

Answer 10

offenders msut be from the same household, or visit frequently
- must be over 18 years of age
so a 30 year old uncle that visits the house frequently can

Question 11

What are the three categories of file in relation to ASA?

Answer 11

acute, non-acute, historic

Question 12

Define sexual connection S2 CA 1961

Answer 12

a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of a person or
ii) any object held or manipulated by another person or
b) any conneciton between the mouth ortongue or one person and any part of the genitals or anus of another or
c) the continuation of any connection described

Question 13

Define unlawful sexual connection

Answer 13

A person A has unlawful sexual connection with person B if

i) without person Bs consent to the connection
ii) without believing on reasonable grounds that person B consented to the connection

Question 14

What is a defence under s134?

Answer 14

Prior to the act, they had taken reasonable steps to ascertain that the young person was at least 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.

Question 15

Can a 16 year old female be charged with having sex with a 14 year old male?

Answer 15

Yes.

Question 16

Name three circumstances where Police would remove a child from a household

Answer 16

In cases involving:

• serious wilful neglect
• serious physical abuse
• sexual assault
• when a child is witness to a serious assault
• any allegations made against CYP carer involving any serious physical abuse
• any allegations made against CYP staff or police involving serious physical abuse

Question 17

In S195 CA, what is necessary to prove criminal liability in failing to protect a child?

Answer 17

• the offence applies to members of the same household as the victim
• the offender must be 18 years or older.

KNOWS the victim is at risk f death, GBH, or sexual assault as a result of the unlawful acts or omissions of another, and FAILS to take reasonable steps to protect that victim from that risk.

Question 18

In what other ways can a witness give evidence?

Answer 18

1. in court but unable to see the offender (screens)
2. from appropriate place outside the courtroom (CCTV)
3. by a video recording made before the proceeding (DVD)

Question 19

Before attending a medical examination, what should you tell explain t the victim?

Answer 19

• the examination will be conducted by a medical forensic practitioner specifically trained in examining victims of sexual assault
• the benefits of a full medical forensic examination including (potential benefit to physical and mental health, how the examination can hep police apprehend the offender)
• the expected time frame for the examination ad if appropriate the possible outcomes of the examination.

Question 20

What are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case?

Answer 20

1. the action of the abuse
2. the injury inflicted
3. the circumstances (factors of the case)

Question 21

Define consent

Answer 21

Consent is a persons concious and voluntary agreement to do something desired or proposed by another

Question 22

R v Leeson

Answer 22

The definition of ‘indecent assault’ … is an assault accompanied by circumstances of indecency

Question 23

Before attending an MEK, what should you remind the victim?

Answer 23

• no eating or drinking
• no going to the toilet (if necesary, use a toxicology kit to capture urine and ask female not to wipe)
• no washing or showering
• no washing of hands or biting fingernails

Question 24

In certain circumstances S87 EA2006 the Judge can ask the witness to state their address. In what circumstances will this occur

Answer 24

If the judge determines that they are directly relevant to the facts in issue and to exclude them would be contrary to the interest of justice

Question 25

When is the offence of having exploitative sexual connection with a person with a significant impairment complete?

Answer 25

(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 person acquiescence in, or submission to, participation in, or undertaking of the connection by taking advantage of the impairment