Sexual Offences:

Question 1

what is needed to lay a Sexual Assault charge in the most simplistic form?

Answer 1

Assault occured

Committed in circumstances of a sexual nature

such that the sexual integrity of the victim is violated.

Question 2

What is the difference between:

Sexual Assault

Sexual Assault with a weapon, threats to a third party Or causing bodily harm

Aggravated sexual Assault

Answer 2

Sexual assault: a sexual assault that is absent any aggravating factor (i.e. no weapons, threats, serious injury, or multiple accused

Sex assault with a weap….: Carries, uses or threatens to use a weapon or imitation of a weapon, threatens bodily harm, threatens a third party

Aggravated sexual assault: Wounds, Maims, or Endangers Life of Victim

Question 3

What is considered Consent for sexual encounters:

Answer 3

The voluntary agreement of the complainant to engage in the sexual activity in question.

Question 4

No consent is obtained where the complainant submits or does not resist by reason of:

Answer 4

Application of force to complainant or another person

Threats or fear of force to the complainant or other person

Fraud (trickery/ deceit)

Exercise of authority (example of teacher and student)

Question 5

No consent is obtained when:

Answer 5

the agreement is expressed by the words or conduct of a person OTHER THAN THE COMPLAINANT

The complainant is INCAPABLE of consenting

Complainant is INDUCED to engage in the activity by an abuse of a position of trust, power and authority

The complainant expresses by words or conduct a LACK OF AGREEMENT TO ENGAGE in the activity

The complainant expresses by words or conduct a LACK OF AGREEMENT TO CONTINUE

Question 6

Age of Protection/ Consent for any age:

Answer 6

16 years.

Question 7

Age of consent for 12-13 year olds:

Answer 7

within two years

Question 8

Age of consent for 14-15 year olds:

Answer 8

within five years

Question 9

what are the restrictions for consent of all youths:

Answer 9

that their actually is consent in the forst place

the sexual partner is not in a position of trust or authority

the sexual partner is not in a relationship with the young person that is exploitative

the young person is not in a relationship of dependency with the sexual partner

Question 10

roles of general patrol when dealing with a sexual assault:

Answer 10

Victim’s wellbeing comes first

Be sensitive to the feelings of the victim, use clinical language when appropriate

Inform the victim of the necessity for medical examination

Advise the victim of the need and type of Police investigation

Advise the victim of the support services ie:klinic

Facilitate female interviewer if requested

Facilitate friend/ family/ support to be present for interview

Determine the nature and extent of Sexual Assault

Location of occurence

condition of the victim

Record description of suspect/ vehicle

advise dispatch of descriptions

request Ident if required

secure the scene

interview witnesses

request the street supervisor to attend who will determine if the sex crimes unit will attend

convey victim to HSC and request Sexual Assault Protocol Team to examine the victim

Question 11

Sexual Assault Protocol Exam:

Answer 11

Conducted at HSC

Highly trained nurses who follow specific guidlines (protocol) to obtain and perserve physical evidence found on or in the victim.

You have 120 hours to get an examination done on an Adult and 75 hours to get an examination done on a youth after the assault occured

Question 12

Incest:

Answer 12

Everyone commits incest who, KNOWINGLY that another person is by BLOOD RELATIONSHIP his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, HAS SEXUAL INTERCOURSE with that person

Question 13

Where does the charge of Anal intercourse not apply?

Answer 13

159(2) Subsection (1) does not apply to any act engaged in, in private, between

(a) husband and wife or
(b) any two persons, each of whom is 18 years or age or more, both of whom consent to the act

Question 14

Indecent act: (understand but not needed verbatim:

Answer 14

173 (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

Question 15

Voyeurism:

Answer 15

Everyone commits an offence who:

surretitiously, observes-including by mechanical or electronic means- or makes a visual recording or a person who is in circumstances that give rise to a reasonable expectation of privacy
IF:

(a):
-the person is in a place they can reasonably expect to be nude
(b)
- the person is nude

• the observation or recording is done for the purpose or obersving or recording a person in such state
  (c)
• is done for a sexual purpose

Question 16

Publication of an intimate image w/out consent:

Answer 16

Everyone who knowlingly publishes, transmits, sells, makes availible or advertises an intimate image of a person knowing that ther person depicted in the image did not give their consent to that conduct or being reckless as to whether or not that person gave consent

Question 17

sexual Interference:

Answer 17

151: Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years

Question 18

Invitation to sexual touching:

Answer 18

152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years,

(a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days.

Question 19

Sexual Exploitation:

Answer 19

153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who

(a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or
(b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person.