Sexual Crimes Flashcards
What are the functions of Victoria Police in regards to Sexual Crimes?
- support and protect victims; and
- thoroughly investigate all reported incidents; and
- establish whether a crime has been committed and gather any evidence that may exist; and
- identify, apprehend and prosecute the offender/s.
Police are expected to retain Victim confidentiality.
What communities may face additional barriers when reporting sex crimes to the Police?
Priority Communities;
- Aboriginal and Torres Strait Islanders
- Seniors
- Young people
- People with Disability
- LGBTQI
- Culturally and Linguistically diverse communities
- Mental Health
What are some considerations Police can use to ensure the victim’s health needs are met? (5)
- Timing, how long ago did the alleged offence take place?
- Hospital, does the victim need immediate medical attention?
- Incident, what sites on the victim’s body require examination?
- Not able to consent, who will provide consent to the examination?
- Know your victim, have you spoken to the victim and where are they now?
What are the classifications of sexual crime?
- Recent, occurred within 72 hours.
- Historical, occurred outside of 72 hours.
Evidence may still be collected hours, or even days outside of the 72 hour timeframe.
Are there special provisions surrounding the direction of sexual assault victims when reporting to police?
Victims must be taken to Centre Against Sexual Assault within two hours of their initial contact with Police. Even though SOCIT may be coordinating the contact, CASA’s service usually occurs in conjunction with evidence gathering. And medical examination by Forensic Medical Officer (FMO).
What brief details must be taken in regards to sexual assault?
- if the victim is safe
- have any injuries been sustained
- the victim’s name, current location and contact number
- a brief outline of the incident, including time and place
- the number of offenders
- the name/s (if known) and description of each offender
- the direction and means of departure of the offender/s
- any weapons used or threats made
- the victims residential address, residential and mobile phone numbers
- if the victim has attended at the police station to report a sexual crime you should where possible, take them to a seperate private office.
What should happen once you have gathered the relevant information?
- request an ambulance if medical attention is required (THINK)
- notify the Police Communications Centre (PCC) who will despatch the closest response unit (if not reported to Watch house)
- notify patrol supervisor
- Notify the SOCIT and/or Crime Investigation Unit and request their attendance
- Seek advice from sergeant if unsure about any of the above
What does SOCIT stand for?
Sexual Offences and Child Abuse Investigation Team.
What is evidence of recent (first) complaint?
Where the victim of a sexual crime (whether male or female) complains or makes a disclosure about the offence to another person AT THE FIRST REASONABLE OPPORTUNITY, evidence of such a complaint may be given. Needs to be given unsolicited and freely by the victim, not as a result of questioning.
Section 41DA of the Summary Offences Act 1966 defines Distribute and Intimate Image as what?
Distribute includes:
- publish, exhibit, communicate, send, supply or transmit to any other person, whether a particular person or not; and
- make available for access by any other person, whether by a particular person or not
Intimate image, a moving or still image that depicts:
- a person engaged in sexual activity; or
- a person in a manner or context that is sexual; or
- the genital or anal region of a person, whether bare or covered by underwear, or in the case of a female, the breasts.
Community Standards of Acceptable Conduct in relation to distribution of an intimate image are guided by what?
- the nature and content of the image
- the circumstances in which the image was captured
- the circumstances in which the image was distributed
- the age, intellectual capacity, vulnerability or other relevant circumstances of a person depicted in the image
- the degree to which the distribution of the image affects the privacy of a person depicted in the image
What are the defences to Section 41DA?
Section DOES NOT apply to person A if Person B:
- is 18 years or older; and
- had expressly or impliedly consented, or could reasonably be considered to have expressly or impliedly consented, to -
— the distribution of the intimate image; and
— the manner in which the image was distributed
What is the Jurisdiction of section 41DA?
Summary Offence, Magistrate’s Court under Arrest Power 458.
What are the elements that make the exposure of genitals arousing and thus an offence?
- the fact that the accused seeks to get sexual arousal or sexual gratification from the exposure; or
- any other aspect of the exposure, including the circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct
- the accused’s exposure of their genitals is not sexual only because it was the genitals that are exposed. Would amount to the charge of offensive behaviour.
Exposure must be within view of a public place in order to be a charge.
