Sexual Offences Flashcards
1
Q
In relation to the Evidence Act, what does Section 44 mean…? (relates to reputation…)
A
- Witnesses/Victims may not be questioned ( or any evidence given )in relation to any sexual encounters other than those with the Defendant…
- No witnesses/victims can have evidence given against them, or be questioned in relation to their reputation in relation to sexual matters
- Unless the Judge expressly permits the inclusion of this evidence due to its relevancy, or if its exclusion is contrary to the interests of justice
2
Q
What are the provisions in the evidence act in relation to Victims addresses…? (relates privacy…)
A
- Victims addresses may not be the subject of questioning
- Victims address may not be disclosed in any evidence or statements
- Unless the judge expressly permits the inclusion of this evidence due to its relevancy, or if its exclusion is contrary to the interests of justice.
3
Q
Who may be present in Court during a case of a ‘Sexual Nature’
A
- The Judge
- The Victim (or someone acting on behalf of)
- The Defendant
- The Prosecutor
- The Defence lawyer
- Accredited media
- O/C Case
- Court Officer
- Any one requested by the Victim
4
Q
What is a Sexual Offence?
A
A sexual case is one that is listed in Sections 128 to 142A and 144A of the Crimes Act 1961 and any other offence of a sexual nature
5
Q
Whats the Act, Section and ingredients of Incest…?
A
Section 130 Crimes Act 1961
- Sexual connection is incest if
- the connection is between two people whose relationship is:
- parent / child
- sibling / half sibling
- grand parent / grand child
- the person charged must know about the relationship
6
Q
What is a statutory defence under Section 134 Crimes Act 1961?
A
- before the time of the act, he or she took reasonable steps to find out if the Young Person was over 16; and
- at the time of the act, he or she believed the young person was over 16; and
- the young person consented
