Sexual offences Flashcards
What are the 3 stages of rape trauma?
Acute, Adjustment, integration/resolution
What are the two types of repsonses usually to manifested during the acute phase of rape trauma?
Expressive (visibly upset/angry/uncontrollable laughter) and controlled
What are the only 4 questions the initial responding officer should ask the victim and why?
What happened, when did it happen, where did it happen, who was involved?
Reason: SOIT officer will take over to complete full interview
What are the 8 initial areas that an officer should consider/complete when first on scene to a sexual offence (often critical incident)
1) Preserve life/medical attention
2) Risk assess/duty of care to all at scene
3) Scene preservation
4) Major crime scene
5) Cross contamination
6) Early evidence kits (EEK)
7) SOIT officer
8) Witnesses
What are the fast track actions that happen on arrival at the scene?
1) Ensure the victims welfare and medical needs have been met
2) Take a first account from victim
3) Assess the scene(s), location(s), offender(s)
4) Preserve forensic evidence from the victim using EEK
5) Identify witnesses or methods of tracing witnesses (CCTV, Exits etc)
6) Keep accurate records of people the victim has told about the offence, any vehicles they have been in.
7) Words spoken and demeanor
What is the definition of rape?
It is an offence for a person (a) intentionally to penetrate with his penis the vagina, anus or mouth of another person (b) without that persons consent, if (a) does not reasonably believe that (b) consents.
What legislation covers rape?
S1 Sexual Offence Act 2003
What are the difference between S1 (rape) and S3 (assault by penetration)?
S1 can only be committed by a male (penetration by penis). S2 can be committed by a male or female.
S1 includes penetration of the mouth, S2 does not
what is the definition of S3 sexual offences Act 2003?
Sexual assault
1) A person (A) commits an offence if:-
he intentionally touches another person (b), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents
2) Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents
What legislation covers assault by penetration?
S2 Sexual Offences Act 2003
What is the definition of assault by penetration?
A person (A) intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else and that: The penetration is sexual B does not consent to the penetration A does not reasonable believe that B consents
What legislation covers consent?
S74 Sexual Offences Act 2003
What is the definition of consent?
A person consents if he or she agrees by choice and has the freedom and capacity to make that choice
What age can a person not give true consent
U16
What age does a victim have to be for a defence to NOT be able to claim they thought the person was over 16
U13
