sex offences Flashcards
sexual violation: what must be proved
- the offenders acts were intentional.
- The complainant did not consent.
- The offender did not believe they had consent.
- If the offender believed he had consent, the grounds for that consent were unreasonable.
128(4) Crimes act
being in a spousal relationship is not a defence to sexual violation.
definition of sexual connection
connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
definition of penetration
introduction into
how is the degree of penetration relevant
you must prove penetration however the degree of penetration is not relevant, any degree no matter how slight or fleeting is sufficient.
any body part of object manipulated, between the complainants labia is sufficient for penetration.
How do you prove penetration
the complainants evidence.
medical examination, including physical injuries and DNA evidence.
The defendants admissions.
what is genitalia
the external reproductive organs of a person.
penis and testicles for a male
vulva and labia for a female.
Included surgically constructed/ reconstructed sexual organs
R V KOROHEKE
The genitalia comprise of the reproductive organs, interior and exterior.
including the vulva, labia, both interior and exterior, and the opening of the vagina.
object held or manipulated defintion
anything other than a part of his body used by the offender to penetrate the complainant genitalia or anus
examples of genuine medical purposes
cervical screenings and prostate exams
DEFINITION OF CONTINUATION
a sexual activity that started consensually but consent was later withdrawn, however the defendant failed to to stop the act
no presumption because of age
any person is capable of being involved in sexual connection, therefore it is not a defence to sex related charges to say that either of the parties were too young or too old to have sexual connection.
definition of consent
consent is a persons conscious and voluntary agreement to something desired or proposed by another
R V COX
consent must be full free informed voluntary, freely given by a person in a position to form a rational judgement.
reluctant consent
consent can be given reluctantly.
if there is no fear of the application of force or the result of actual or threatened force then the act of sexual connection would not be rape
R V GUTUAMA
under the objective test the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting
When is consent relevant
at the time the acts actually took place
Examples of invalid consent
Lack of resistance does not equal consent
fear of force or actual force to them or another person
asleep / unconscious
affected by alcohol/substances to the point that they can not make a rational decision.
has intellectual/ mental or physical condition that affects their ability to make a rational decision.
mistaken identity.
mistaken nature/quality of act
R V KOROHEKE- consent freely given vs submission
It is important to distinguish between consent that is freely given and submission by a woman to what she may regard as unwanted but unavoidable. For example submission by a woman because she is frightened of what might happen if she does not give in or co-operate, is not true consent.
what charge could be considered if the threshold for sexual violation has not been met but the defendant took advantage of the complainants vulnerability?
S138 CA 1961- sexual exploitation of a person with significant impairment
Section 128 (1)(a)
Sexual Violation by rape
A PERSON
RAPES
ANOTHER PERSON
A PERSON
DEF: accepted by judicial notice or circumstantial evidence. (in this case someone who has a penis)
RAPES:
DEF: Person A penetrates person B genitalia with person A’s penis.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia comprises of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
ANOTHER PERSON:
DEF: as proven by judicial notice or circumstantial evidential. In this case someone who has a vagina/vulva.
section 128 (1)(b)
Sexual violation by unlawful sexual connection
A PERSON
HAS UNLAWFUL SEXUAL CONNECTION
WITH ANOTHER PERSON
A PERSON
DEF: as proven by judicial notice or circumstantial evidence in this case the charge is gender agnostic.
HAS UNLAWFUL SEXUAL CONNECTION
DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
WITH ANOTHER PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
S129 (1)
Attempted unlawful sexual connection.
A PERSON
ATTEMPTS
UNLAWFUL SEXUAL CONNECTION
WITH ANOTHER PERSON
S129 (2)
Assault with intent to commit sexual violation
A PERSON
ASSAULTS
ANOTHER PERSON
WITH INTENT
TO HAVE UNLAWFUL SEXUAL CONNECTION
WITH THAT PERSON
A PERSON
proven by judicial notice or circumstantial evidence
In this care it is gender agnostic.
ASSAULTS
DEF:
Intentionally applying or attempting to apply force to a person, directly or indirectly.
ANOTHER PERSON
As proven by judicial notice or circumstantial evidence
WITH INTENT
DEF: deliberate act, specific outcome.
CL: R V COLLISTER- intent inferred by circumstance.
TO HAVE UNLAWFUL SEXUAL CONNECTION
DEF: Penetration or the genitalia or anus for any reason other than genuine medical purposes.
Any body part of another person or any object held or manipulated by another.
Connection of the mouth or tongue to another persons genitalia or anus
The continuation of connection as described above.
PENETRATION
DEF: Introduction into the genitalia, no matter how slight or fleeting.
CL: R V KOROHEKE
The genitalia is the external reproductive organs, including the vulva, labia, interior and exterior and the opening of the vagina.
CL: R V GUTUAMA
Under the objective test, the crown must prove that no person in the defendants shoes could have believed that the complainant was consenting.
CONSENT:
DEF: Conscious and voluntary agreement to something desired or proposed by another.
CL: R V COX
Conscious, free, informed, Voluntary, freely given by someone who can make a rational judgement.
WITH ANOTHER PERSON
As proven by judicial notice or circumstantial evidence. In this case gender agnostic.
to be guilty of attempting to commit an offence, a person must:
INTEND- to commit the offence.
take REAL and SUBSTNATIAL STEPS towards achieving that aim
Intent
deliberate act, specific outcome
R V COLLISTER
Intent inferred by circumstance
circumstantial evidence which helps prove intent
the offenders actions and words, before during or after event.
the surrounding circumstances.
the nature of the act its self.
what must be proven for attempted sexual violation
intended to have sexual connection with the complainant.
the complainant did not consent to the intended sexual connection.
the defendant did not believe on reasonable grounds that the complainant was consenting.
to be guilty of an attempts charge the defendant must have…
progressed past the stage of preparation and started the process intended to lead to the commission of the full offence.
R V HARPUR
An attempt includes an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime
what must the court consider in relation to assessing proximity
the defendants conduct at the relevant time.
evidence of his intent based on circumstances
any steps taken leading up to that point.
R V HARPUR (sufficiently proximity)
the court may have regard to the conduct viewed cumulatively up to the point when the conduct in question stops…
the defendant’s conduct may be considered in its entirety.
Considering how much remains to be done is always relevant, though not determinative.
examples of attempts according to the American model penal code.
enticing a victim to go to the scene of the contemplative crime.
Lying in wait, searching for or following the contemplated victim.
possession, collection or fabrication of materials to be employed in the commission of the offence.
prior scoping/observation of the scene of the contemplated crime.
soliciting an innocent agent to engage in conduct constituting an element of the offence.
unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the offence will be committed.
129(2) crimes act 1961
A PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
ASSAULTS
DEF: intentionally applying or attempting to apply force to another person, directly or indirectly, or threatening by act or gesture to do such an act.
ANOTHER PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
WITH INTENT
DEF: deliberate act, specific outcome.
CL: R V COLLISTER- intent inferred by circumstance.
Must prove at the time the defendant assaulted the complainant they:
intended to have sexual connection with the complainant.
the complaint did not consent to sexual connection.
the defendant did not believe on reasonable grounds there was consent.
TO COMMIT SEXUAL VIOLATION
DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
OF ANOTHER PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic
what are the two things the crown must prove that consent was not present
The victim did not consent
or the victims consent was not valid.
or the defendant did not beleive on reasonable grounds that the victim was consenting.
the two elements which need to be proven in the charge of assault with intent to commit a sexual violation.
-the defendant assaulted the vicitm.
the defendant intnended to commit sexual violation
is consent a defence under section 132 CA 1961?
no- it is not a defence for sexual conduct with a child under 12.
S132(1)CA 1961
sexual connection with a child under 12 yrs.
A PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
HAS SEXUAL CONNECTION
DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
WITH A CHILD
Child means a person under the age of 12 yrs.
This offence is gender neutral.
CL: R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Consent is not a defence.
what is the penalty for sexual conduct with a child under 12
14 yrs.
what is the penalty for rape/unlawful sexual connection
20 yrs.
what is the penalty for attempted sexual violation and assaults with intent to commit sexual violation
10 yrs.
COX V R (childrens consent)
although we do not exclude the possibility that a child of 10 or 11 may be able to give fully, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare
COX R V (no reasonable adult)
save in exceptional circumstances even where she indicates an agreement to the act occurring, no reasonable adult would have grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.
R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
134 (1) CA 1961
A PERSON
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
HAS SEXUAL CONNECTION
DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
WITH A YOUNG PERSON
DEF: A person who between the ages 12 and 16 yrs.
CL: R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Age is defence if:
before the time of the act he or she had taken reasonable steps to find out whether the young person was of or over 16 yrs.
at the time of the offence he or she belived on reasonable grounds that the young person was of or over 16 yrs.
The young person consented.
definition of indecent
conduct that a right- thinking person will consider an affront to the sexual modesty of the complainant
if a child consents to an act it is immaterial whether
the offender does the act on the child.
the child does the act on the offender
the act is mutual
R V COURT
conduct that a right-thinking person will consider an affront to the sexual modesty of the complainant.
defence to charge under 134 CA 1961 (sexual conduct with a young person under 16)
S 134A CA 1961
before the time of the act he or she had taken reasonable steps to find out whether the young person was of or over 16 yrs.
at the time of the offence he or she belived on reasonable grounds that the young person was of or over 16 yrs.
The young person consented.
what happens if both parties are aged under 16?
both are liable to committing an offence under 134
If one of them is under 16 and the other one is 16 then only the 16 year old has committed an offence
what is the penalty for indecent assault
7 years imprisonment
R V LEESON
The definition of indecent assault is an assault accompanied with circumstances of indecency.
what three things must be proven in an indecent assault
the defendant intentionally assaulted the complainant.
the circumstances accompanying the assault were indecent.
the defendant intended the conduct that a reasonable person would find indecent.
what is the difference around defence to consent in relation to sexual violation and indecent assaults?
Sexual violation:
the defendant must have an honest belief on reasonable grounds that the victim was consenting.
S129A Sexual conduct with consent induced by certain threats
sexual connection
with another person
knowing the other person
has been induced to consent
by threat
What does threat mean in relation to S129A
is punishable by imprisonment
does not involve the actual or threatened application of force
threatens accusation or disclosure about misconduct of a persons (alive/dead) likely to seriously damage reputation
S130 CA 1961
SEXUAL CONNECTION
BETWEEN TWO PEOPLE
WHOSE RELATIONSHIP IS THAT OF A PARENT AND CHILD, SIBLINGS, HALF SIBLINGS, GRANDPARENTS AND GRAND CHILDREN
KNOWING OF THEIR RELATIONSHIP
SEXUAL CONNECTION
DEF: connection effected by the introduction into the genitalia or anus of one person, for other than genuine medical purposes;
a part of the body of another person
an object held or manipulated by another person
connection between the mouth or tongue of one person and a part of another persons genitalia or anus
the continuation of connection as described above.
Penetration:
DEF: introduction to the slightest degree is enough to effect a connection.
Proof of penetration may be established by complainants evidence, medical exam, defendants admissions.
CL: RV KOROHEKE
The genitalia compresses of the reproductive organs, interior and exterior… they include the vulva, labia- interior and exterior at the opening of the vagina.
DEF: consent:
Consent is a persons conscious and voluntary agreement to something desired or proposed by another
CL: R V COX
consent must be full, free, informed, voluntary, freely given by a person who is in the position to form a rational judgement.
CL: R V GUTAMA
Under the objective test, the crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.
BETWEEN TWO PEOPLE
DEF: as proven by judicial notice or circumstantial material- in this case the charge is gender agnostic.
WHOSE RELATIONSHIP IS THAT OF A PARENT AND CHILD, SIBLINGS, HALF SIBLINGS, GRANDPARENTS AND GRAND CHILDREN
This includes both biological and adoptive parents.
Does not include step parents
CL: R V FORREST AND FORREST
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
KNOWING OF THEIR RELATIONSHIP
Consent is not a defence.
The charge of incest requires both parties to be consenting
what is the penalty for incest?
10 yrs
Who is liable of incest?
both parties of the age 16 and over are liable of incest
S131(1) CA 1961
SEXUAL CONNECTION
WITH A DEPENDANT FAMILY MEMBER
UNDER THE AGE OF 18.
S131(2)
ATTEMPTS
TO HAVE SEXUAL CONNECTION
WITH A DEPENDANT FAMILY MEMBER
UNDER THE AGE OF 18.
S131 (3)
DOES
AN INDECENT ACT
ON A DEPENDANT FAMILY MEMBER
UNDER THE AGE OF 18.
What is the penalty of S131(1) CA 1961
Sexual conduct with dependent family member
7 yrs
What is the penalty of S131(2) CA 1961
Sexual conduct with dependent family member
7 yrs
What is the penalty of S131(3) CA 1961
Sexual conduct with dependent family member
3 yrs
Is consent a defence to the charge
What is the penalty of S131CA 1961
Sexual conduct with dependent family member
No
What is a dependant family member
they are a dependant family member if a person has authority or responsibility over the CYP.
they might be:
a parent, step parent, foster parent, guardian, uncle, aunt, is apart of a culturally recognized family group, signifigant role in their care and upbringing.
S 131B CA 1961
MET OR COMMUNICATED
WITH A PERSON UNDER THE AGE 0F 16.
ON AN EARLIER OCCASSION
TO:
INTENTIALLY MEET THE YOUNG PERSON.
TRAVEL WITH THE INTENTION OF MEETING THE YOUNG PERSON.
ARRAGES FOR OR PURSUADES THE YOUNG PERSON TO TRAVEL WITH INTENTIONS OF MEETING HIM OR HER.
WITH INTENT TO COMMIT AN OFFENCE AGAINST THE ACT
what is the penalty for section 131B- meeting young person following sexual grooming
7 years
is there a defence against 131B- meeting young person following sexual grooming?
they took reasonable steps to find out whether the young person was of or over the age of 16
beleived on reasonable grounds the young person was 16 or older.
when is the offence of 131B- meeting young person following sexual grooming complete
when the parties meet or the defendant travels or makes arrangements to meet
S138-
sexual exploitation of a person w signifigant impairment
HAS EXPLOITIVE SEXUAL CONNECTION
WITH A PERSON
WITH A SIGNIFIGANT IMPAIRMENT
what is the penalty for S138- Sexual exploitation of person with significant impairment
10 yrs
what is the penality for attempting S138- Sexual exploitation of person with significant impairment
10 yrs
what is the penalty S138- Sexual exploitation of person with significant impairment- indecent acts
5 years
what is a significant impairment?
intellectual, mental or physical condition.
significant impairments impair the persons capacity to…
- understand the nature of the sexual act.
- understand the nature of decisions about sexual conduct.
- foresee the consequences of decisions about sexual conduct
- communicate their decisions about sexual conduct
S142A
compelled indecent act with an animal
COMPELS ANY OTHER PERSON
BY ACTUAL OR THREATENDED APPLICATION OF FORCE
TO THAT PERSON
OR ANY OTHER PERSON
TO PERFORM
OR SUBMIT TO
ANY ACT OF INDECENCY
WITH AN ANIMAL
WHIETHER OR NOT INVOLVING PENETRATION
what is the penality S142A compelling indecent act with animal
14 yrs
when is S143 Bestiality complete?
upon pentation
what is the penalty for 143- bestiality?
7 yrs
penalty of S144 indecency with an animal
3 yrs
s144A
SEXUAL CONENCTION WITH A CHILD UNDER 12 OUTSIDE OF NZ
ATTEMPTED SEXUAL CONNECTION WITH A CHILD OUTSIDE OF NZ
INDECENT ACTS WITH A CHILD OUTSIDE NZ
SEXUAL CONENCTION WITH A YOUNG PERSON OUTSIDE OF NZ
ATTEMPTED SEXUAL CONNECTION WITH A YOUNG PERSON OUTSIDE OF NZ
INDECENT ACTS WITH A YOUNG PERSON OUTSIDE NZ
144B- consent of the attorney general required
no charging docs may be filed against 144A without consent from the attorney general
the suspect may be arrested/ have a WTA/ be remanded in custody/ bailed however no further action may be taken without AG’s consent.
the AG may carry out inquiries before making a decision.
S216H- prohibition on making intimate visual recording
INTENTIALLY
OR
RECKLESSLY
MAKES
INTIMATE VISUAL RECORDINGS
OR ANOTHER PERSON
Complainants character- S44 Evidence Act 2006
no evidence or questions may be asked about the victims sexual history (except with the judges permission)
evidence of the complainants propensity to act in a certain way with the defendant may be permitted if the judge grants it
complainants occupation- s88 evidence act 2006
questions and comments can not be asked/made in relation to the victims/witnesses occupation.
an application for this information can be put to the judge.
corroboration- 121 evidence act 2006
the complainants evidence does not have to be corroborated in criminal proceedings.
meaning of corroborate
strengthen or support with other evidence
oral evidence- 97 criminal procedures act 2011
upon successful application, the complainant of sexual offences will have protection surrounding who can be present what can be during trial.
who should be used to interview victims/witnesses to major offences?
level 3 specialist interviewers
what are the advantages of visually recording interviews
- greater quality and quantity of information obtained.
- minimizing trauma to the witness by simplifying the process and having their interview played as their evidence in chief.
- reducing contamination by the interviewer through the process of transposing the interview into a statement.
- providing valuable means for the witness to refresh their memory before judicial proceedings
why are dvd childrens interviews best
the interview process is focused on the child and allows them to state clearly and freely what has happened according to the rules of evidence.
the recorded interview can be used for the basis of an investigation, subsequent criminal prosecution/care and protection purposes.
it avoids the need to re-interview the child
what must you do to be granted evidence by alternative means- s107 evidence act 2006
the crown must apply to the court to use alternative means, you may be requested by the crown to provide supporting evidence to assist the court in their decision
when should an application under s107 evidence act 2007 be made?
as soon as possible before the trial.
the judge is required to give all parties the right to be heard in chambers and may call for reports from advisors
An application under 103 evidence act 2006, to give direction about giving alternative evidence could be made on the following grounds
age or maturity of witness
physical, intellectual, phycological, phychiatric impairment of the witness.
trauma suffered by witness
fear of intimidation
linguistic or cultural background/ religious beliefs of witness
nature of the proceeding.
nature of evidence that the witness is expected to give
the relationship of the witness to any party to the proceeding
the absence or likely absence of the witness from NZ
Any other grounds likely to promote the purpose of the act
what are alternative ways that the victim/witness can give evidence
while in the courtroom but unable to see the defendant/other person with screens
from an appropriate place outsdie the courtroom either in NZ or elsewhere by AVL
by a video recording made before the hearing of the proceeding
what is the paramount consideration when a report of concern is received
the safety and wellbeing of the child.
S194 CA 1961
assaults
any child under the age of 14
or
being a male
assaults any female
s 59 parenting act- smacking parental controls
police may use discretion not to prosecute if they believe the act to be so inconsequential that there is no public interest in proceedings
who does section 195- ill treatment or neglect applies to?
applies to both children and vulnerable adults under the care or charge of the suspect and staff members of any hospital, institution or residence where the child or vulnerable adult resides.
S195A -failure to protect that child or vulnerable adult
criminal liability where persons with frequent contact know a child or vulnerable adult is at risk of harm but where no action is taken to prevent harm
who does S195A -failure to protect that child or vulnerable adult apply to?
members of the same household.
people who are staff members of any hospital, institution, residence where the victim resides.
what is required to proved re S195A -failure to protect that child or vulnerable adult
under the age of 18 at time of offences
defendant was over 18
the defendant had frequent contact with victim
the defendant had knowledge of the risk of harm to the child or vulnerable adult
does S195A -failure to protect that child or vulnerable adult apply to someone under 18?
no
what are the two priorities that require careful balance during the investigation of adult sexual assault
undertaking the investigation as quickly as possible
meeting the complainants physical and emotional needs
what is a victim?
a person against whom an offence was committed by another person.
a person who suffers phyiscal injury or loss of / damage to property due to someone comiting an offence
a person who suffers emotional harm due to offences comitted by another person
a parent or legal guardian of a child or young person who has been offended against as above.
immediate family members of a person who dies or left incapable due to offences committed by another person
12 key process points for dealing with adult sexual assault
- initial action and contact.
(brief details from complaint obtained) - case referral
(incident is referred asap to CIB who enter incident into NIA) - provide specialist support
(with the victims consent) - preliminary interview
- information feedback
(whenever possible inform victim of findings and decisions) - medical examination.
(organise a MEK asap - esp acute within 7 days or suspected drug facilitated offences) - formal interview
- investigation and evidence assessment.
(complete case interview plan and work through investigation phases) - resolution options.
(consider options for resolution) - prosecution
- final actions and record keeping.
- preventative opportunities and responsibilities
what should you remind the victim of (within reason) before MEK and capturing evidence
no eating or drinking
no going to the toilet (or use toxicology kit for victim to capture urine) and ask women not to wipe.
no washing or showering
no washing of hands or biting fingernails
what to tell the victim when organizing an MEK
the medical forensic practitioners are specifically trained in examining victims of sexual assaults.
potential benifits to physical sexual and mental health
examinations help police obtain evidence to apprehend the offender.
expected time for the MEK and possible outcomes from MEK
What does calm tea stand for?
CONDUCT dealings in sensitive and concerned manner.
ACCEPT they telling you the truth
LISTEN to what they tell you
MEDICAL ATTENTION
TREAT them courteously
EXPLAIN the process and keep them updated
ADVISE them of local counselling services
three areas to consider in determining whether physical abuse is serious and meets CPP referal
- the action of the abuse.
- the injury inflicted.
- the circumstances.
victims rights
all victim contacts must be recorded.
be informed of progress within 21 days.
be kept up to date and informed of outcomes of investigations
as soon as the offender is arrested and charges.
outcome of case.
child abuse definition
phyiscal emotional sexual harm, ill treatment, abuse, neglect, or deprivation of any CYP
ATTEMPTS
intent to commit an offence, does or omits an act for purpose of accomplishing his object.
