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Bullring 2024 > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

What section of the Crimes Act is Sexual Assault?

A

S. 61I

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2
Q

What are the proofs for Sexual assault?

A

Any person who has sexual intercourse with another person without consent of the persons and knows they don’t consent.

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3
Q

What section of the Crimes Act is Aggravated sexual assault?

A

S. 61J

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4
Q

What are the Circumstances of Aggravation for Sexual Assault?

A

S. 61J Crimes Act

D – Victim has serious physical Disability
A- Intentionally/recklessly inflicts ABH
D - Deprives victim of liberty
A - Victim under authority of offender

G - Offender threatens to inflict GBH
O - Offender threatens to inflict ABH with Offensive weapon

C - Offender in Company
C - Victim has Cognitive impairment
U- Under 16
B - Breaks and enters into building with intention to commit offence

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5
Q

What section of the Crimes Act is Sexual Touching?

A

S61KC

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6
Q

What are the proofs for Sexual Touching?

A
  • Any person who without consent of the victim, knowing they don’t consent:
  • Sexually touches the victim
  • Incites victim to sexually touch offender
  • Incites 3rd person to sexually touch victim
  • Incites victim to sexually touch 3rd person
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7
Q

What section of the Crimes Act is Aggravated sexual touching?

A

61KD

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8
Q

What are the Circumstances of Aggravation for sexual touching?

A

61KD Crimes Act

(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.

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9
Q

What section of the Crimes Act is Sexual Act?

A

61KE

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10
Q

What are the proofs for Sexual Act?

A

Any person who without consent of victim, knowing they don’t consent:
- Carries out sexual act with or towards victim
- Incites victim to carry out sexual act towards offender
- Incites 3rd person to carry out sexual act with/towards victim
- Incites 3rd person to carry out sexual act with/towards 3rd person

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11
Q

What section of the Crimes Act is Aggravated Sexual Act?

A

61KF

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12
Q

What are the Circumstances of Aggravation for sexual Act?

A

(a) the accused person is in the company of another person or persons, or
(b) the complainant is (whether generally or at the time of the commission of the offence) under the authority of the accused person, or
(c) the complainant has a serious physical disability, or
(d) the complainant has a cognitive impairment.

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13
Q

What section of the Crimes Act is Child Sexual Intercource (Asssault)?

A

66A Crimes Act – Sexual Intercourse child under 10

66C Crimes Act – Sexual Intercourse child between 10-16

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14
Q

What are the Circumstances of Aggravation for Child sexual Intercource (Asssault)?

A

D – Victim has serious physical Disability
A- Intentionally/recklessly inflicts ABH
D - Deprives victim of liberty
A - Victim under authority of offender

O - Offender threatens to inflict ABH with Offensive weapon

C - Offender in Company
C - Victim has Cognitive impairment
B - Breaks and enters into building with intention to commit offence
I - Under influence of drugs/alcohol

Same as DADA GO CCUB Minus GBH + under 16

Plus if victim was under influence of drugs/alcohol

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15
Q

What section of the Crimes Act is Child Sexual Touching?

A

66DA Crimes Act – Sexual touching child under 10

66DB Crimes Act – Sexual touching child between 10-16

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16
Q

What section of the Crimes Act is Child Sexual Act?

A

66DC Crimes Act – Sexual Act child under 10

66DD Crimes Act – Sexual Act child between 10-16

17
Q

What are the Circumstances of Aggravation for Child sexual Act?

A

66DE Aggravated sexual act—child between 10 and 16

-

18
Q

What section of the Crimes Act relates to young persons under Special Care?

A

S. 73 – Sexual Intercourse
Any person who has SI with a YP who is under special care 16 (8 yrs) 17 (4 yrs)

S. 73A – Sexual touching
Any person who sexually touches, incites, 3rd person 16 yrs (4 yrs) 17 yrs (2 years)

Special care: Step-parents, guardian, teacher, religious/sporting/musical etc instruction, corrections, health professional

19
Q

Define: Meaning of “sexual intercourse”

A

a) Sexual connection by the penetration to any extent of the genitalia of a female or anus of any person by:
- Any part of the body
- Any object (except medical purposes)

b) Penis into mouth of other person

c) Cunnilingus

d) Continuation of a, b or c if consent withdrawn

20
Q

Define: Meaning of “sexual touching”

A
  • Sexual touching means touching another person,
  • With any part of the body or anything else
  • Through anything, including clothing
  • In circumstances a reasonable person would consider sexual touching

Matters to be taken into account:
- Whether area touched is genitals, anal area or breasts
- Touching done for sexual gratification
- Whether any aspect of touching makes it sexual

21
Q

Define: Meaning of “sexual act”

A

sexual act means an act (other than sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual.

(1A) The continuation of a sexual act as defined in subsection (1) is also a sexual act for the purposes of this Division.
(2) The matters to be taken into account in deciding whether a reasonable person would consider an act to be sexual include—
(a) whether the area of the body involved in the act is a person’s genital area, anal area or breasts—
(i) whether or not the breasts are sexually developed, and
(ii) regardless of the person’s gender or sex, or
(b) whether the person carrying out the act does so for the purpose of obtaining sexual arousal or sexual gratification, or
(c) whether any other aspect of the act (including the circumstances in which it is carried out) makes it sexual.

22
Q

What section under the Summary Offences Act is Wilful and Obscene exposure?

A

S. 5 Summary Offences Act

23
Q

What are the proofs for Wilful and Obscene exposure?

A
  • A person
  • Must not within view from a public place or school
  • Wilfully and obscenely
  • Expose his or her person
24
Q

What section under the Crimes Actrelates to consent?

A

S. 61HE– Consent in relation to Sexual Offences

25
Q

What is the meaning of consent, definded under the Crimes Act?

A

A person ‘consents’ to sexual activity if the person freely and voluntarily agrees to the sexual activity

S. 61HE (2)

26
Q

For the purpose of making a finding regarding consent, what must the trier of fact have regard to?

A

Trier of Fact must have regard to all circumstances of the case including:
- Steps taken by person to ascertain consent
- Not including any self induced intoxication of person (accused)

S. 61HE(4)

27
Q

Explain negation of consent (when does a person not consent?) COUT

A

Negation of consent: A person does not consent to sexual activity if: (COUT)
a) They don’t have capacity to consent including age
b) If they don’t have opportunity to consent (asleep)
c) They consent because of threats of force or terror (to anyone)
d) They consent because they’re unlawfully detained

28
Q

Explain mistaken belief

A

A person who consents under any of the following mistaken beliefs does not consent to the sexual activity:

  • Mistaken identity
  • Mistaken belief that other person is married to the person
  • Mistaken belief that sexual activity is for health or hygenic purposes
  • Any or other mistaken belief about nature of activity by fraudulent means
29
Q

On what grounds may it be established that a person does not consent to a sexual activity?

A

The grounds which it may be established that a person does not consent to a sexual activity include:

  • If they consent while substantially intoxicated
  • If they consent because of intimidation or coercive conduct or threat
  • If they consent because of the abuse of position of authority or trust
30
Q

If a person does not offer physical resistance, do they consent?

A

A person who does not offer physical resistance is not, by reason only of that fact, to be regarded as consenting to the sexual activity.

31
Q

What does incapable of resistance mean?

A

In this specific situation, the wife was unable to yell for help, locked and confined in a small room with no ability to escape, was unable to breath when choked.

32
Q

What are the roles of the initial response officer?

A
  • Assess victims safety, especially if affected by drugs/alcohol
  • Assess victims medical meeds (ambulance required?)
  • If ambulance is not required, take to private area
  • Be supportive and respectful
  • Don’t leave them alone
  • Tell them what is happening
  • Inform them of options
  • Inform of sexual assault services
  • Identify crime scene (primary/secondary) and forensic evidence/exhibits
  • Notify DO
  • Assess need for SAIK (ensure victim does not smoke, drinks, eat etc.)
  • Record info in notebook (vic details, exact works used, time date loc, descriptions etc)
33
Q

What is the role of the criminal investigator?
(After first responder)

A
  • Liaise with initial response officer/DO/IM
  • Ensure victim is aware of:
  • Availability and purpose of SAIK
  • Sexual assault services
  • Role of police (need for detailed statement)
  • Support person
  • Likelihood to give evidence
  • Offenders may be charged/arrested/interviewed
  • AVO/bail conditions
  • Conduct timely, thorough investigation
  • Keep victim informed
34
Q

SCENARIO

  • You respond to a house party where an adult female has been sexually assaulted outside the location in a motor vehicle by a male party goer. When you arrive, you observe two females sitting outside on the kerb. One female is crying and her clothes have been torn. The described vehicle is nowhere in sight.

What initial course of action do you take?

A
  • Assess victims safety and need for medical assistance/ambulance
  • Take victim to a private area, consider a police station
  • Be respectful, inform the victim of the process, services available, role of police, SAIK, don’t leave alone,
    support person etc.
  • Record details in notebook: time, date, location, actual words used, descriptions, forensic evidence, friends/witness details
  • Broadcast description of POI/VOI
  • Notify supervisor/DO
  • Assess need for SAIK (tell vic not to eat, drink, smoke etc)
  • Ensure vic is aware of purpose of SAIK, sex ass services, role of police
  • Consider AVO
  • Conduct investigation
  • Continue for specific scenario
  • SAIK is priority, arrange for victim to attend hospital
  • Seize or arrange to have seized victims clothing. Arrange change of clothes
  • Detailed victim statement
  • Statements from witnesses
  • Attempt to locate vehicle. When located, vehicle is to be considered a crime scene
  • Crime scene examination and powers
  • Canvass for further CCTV and witnesses
  • Arrest/charge/interview offenders
  • Forensic procedure
  • Consider other investigative strategies. E.g. Telephone interface (SD)
  • If CCTV located, disseminate, book into EFIMS, use photo track/facial recognition to identify offender
  • Consider photo board/lineup
35
Q

SCENARIO
A woman brings a child to the station and asks to speak to Detectives. The woman says he 7 year old son has been sexually assaulted.

What are your initial steps?

A
  • Immediately ensure their safety. Provide comfort and support.
  • Assess medical needs. Arrange urgent medical attention if required.
  • If not, take to private area. Be respectful. Inform of process.
  • Ascertain from mother (away from child) details and what has led to her child being sexually assaulted.
  • Record details, offender details/description, time, date, loc of offence
  • If not recent:
  • Create event, report to FACS
  • Consider AVO
  • Liaise with CAS
  • Only speak to child if absolutely necessary

If recent:
- Immediately notify DO/IM
- Call and inform CAS
- Create event and call FACS
- Liaise with CAS
- SAIK if within 7 days
- Seize childs clothing
- Identify location – consider crime scene/search warrant
- Liaise with sexual assault services
- Statement from child needs to be video statement by trained officer
- Statement from mother
- Continue investigation

36
Q

SCENARIO

  • A wife and husband are married and one night, the husband locks his wife in the bedroom and sexually assaults her. He said, “if you say anything, I will fucking kill you.” The husband grabs her around the throat with significant force. The wife is unable to breath but she doesn’t lose consciousness. The husband keeps his wife in the bedroom for the next two days and does not let her go.

What offence(s) has been committed?

A
  • Aggravated sexual assault – 61J Crimes Act (Threats of ABH, Corporal violence, deprive of liberty)
  • Intentionally choke with recklessness – S. 37 Crimes Act (Does not need to lose consciousness to charge)
  • If a person intentionally chokes, suffocates or strangles another person without consent (5 yrs)
  • 10 yrs if renders the person unconscious or incapable of resistence
37
Q

SCENARIO

You are investigating a sexual assault. When taking a statement from the victim, what victim support issues should you consider?

A
  • If victim wishes to speak to male/female officer
  • Location and timing of interview. Ensure it is in private area.
  • Victims privacy is safeguarded
  • Cultural background, do they require a support person?
  • Consideration of protection orders (AVO/PVO etc)
  • Counselling referral and other services
  • Inform of process and keep updated

Bullring 2024 (28 decks)

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