Sex offences(4) Q & A Flashcards
It is important to preserve trace evidence in sexual assault cases. List four things that victims should refrain from (where possible) before a medical examination.
Remind the victim:
- no eating or drinking
- no going to the toilet (if necessary, use a toxicology kit to capture urine and ask the female victim not to wipe)
- no washing or showering
- no washing of hands or biting fingernails.
List the points that you would cover with a victim to explain the medical forensic examination procedure.
Explain to the victim:
- that the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
- the benefits of a full medical forensic examination including:
the potential benefit 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 the gender of the practitioner conducting the examination and advise that you will do your best to accommodate their wishes. (Research indicates that most ASA victims identify gender as an issue and indicate a preference for examination be a female.)
When interacting with victims of sexual offences, what actions should you take to provide a safe and secure environment in which they may regain some control of their lives?
The mnemonic CALM TEA stands for:
- Conduct your dealings in a sensitive and concerned manner
- Accept they are telling 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 attention
- Treat them courteously
- Explain the process you are following and why you need to follow that process and ask certain questions
- Advise them of the local counselling services available.
List the three areas to consider when determining “seriousness of physical abuse”.
There are three areas to consider in determining whether physical abuse is serious and therefore meets the threshold for referral as a CPP case under this protocol:
- the action of the abuse
- the injury inflicted, and
- the circumstances (factors of the case).
List four Police responsibilities to victims and their rights.
Victim rights:
- all obligation under the Victims’ Rights Act 2002 must be met and all victim contact must be recorded
- victims must be given information about the progress of their investigation within 21 days
- victims must be kept updated and informed of the outcome of the investigation, including no further avenues of enquiry or the reason for charges not being filed
- as soon as the offender is arrested and charged Police must determine whether it is a s29 offence. If so , the victim must be informed of their right to register on the Victim Notification System (if the victim wishes to do so )
- victims must be informed of the outcome of the case and the case closure. Ensure any property belonging to the victim is returned promptly.
Define “child abuse” as outlined in the Children, Young Persons and their Families Act 1989.
Child abuse is defined in the Children, Young Persons and their Families Act 1989 as the harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.
In relation to child abuse investigations, define what the term “child-centred timesframes” means.
Child-centred timeframes that are relevant to the child’s age and cognitive development. The younger the child the more vulnerable they are and therefore they require a quicker response. As an example, for a 5-year-old, a week is a very long time for an event to be recounted with reliability. However, a 16-year-old would have less difficulty recalling the same event several weeks later.
