Sex Offences re-sit

Question 1

What is the offence and elements for s131

Answer 1

Sexual Conduct with a dependant family member

Everyone who
(1) has sexual connection
(2) attempts to have sexual connection with
(3) does an indecent act on

with/on a dependant family member under the age of 18

Question 2

What is the offence and elements for s130

Answer 2

Incest

sexual connection

Between 2 people whose relationship is;

parent and child
siblings and half sibling
grand parent and grand child

And they know about the relationship

Everyone of or over the age of 16

Question 3

What are the two factors of 138 sexual exploitation of a person with a significant impairment

Answer 3

(a) has sexual connection with an impaired person knowing they have a significant impairment

(b) has obtained impaired persons acquiescence (reluctant acceptance) by taking advantage of their impairment

Question 4

What is section 195A ill treatment/neglect of a child or vulnerable adult and who does it apply to.

Answer 4

members of the same household
OR
staff members of hospital or residence of care

knows the victim is at risk of death/GBH or sexual abuse
AND
fails to take reasonable steps to protect a child

Question 5

Is it an offence for an adoptive parent to have sex with an 18 year old

Answer 5

yes, adoptive parent is a parent - incest

Question 6

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

Answer 6

no offender must be in the same household or visit frequently and be over the age of 18 -

Question 7

who organizes a transcript for a child interview

Answer 7

O/C case

Question 8

what is the difference between sexual violation and attempted sexual violation

Answer 8

the connection

the intent ant and belief in consent remain the same.

Question 9

what is section 127 in regard to age of consent

Answer 9

no presumption of age that a person is incapable of consent

not a defence to say parties were too old or too young to have sexual connection

Question 10

In sexual violation the crown must prove that

Answer 10

the offender intended the sexual connection

the complainant did not consent

the offender did not believe the complainant was consenting

if the offender believed the complainant was consenting, the grounds for such belief were unreasonable

Question 11

What is a dependant family member

Answer 11

if the other person has power or authority over him or her, and is—

his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or

a parent, step-parent, or foster parent of a person described in subparagraph (i); or

a child of his or her parent or step-parent; or

Victim still must be under 18 years of age