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CIB007 > Sexual Offences > Flashcards

Sexual Offences Flashcards

1
Q

Indecent Assault

A 
Section 135
Crimes Act 1961
×Everyone 
×Indecently assaults
×Another person
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2
Q

Sexual Violation By Unlawful Sexual Connection

A 
Section 128(1)(b)
Crimes Act 1961
×A person
×Has unlawful sexual connection
×With another person
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3
Q

Assault With Intent To Commit Sexual Violation

A 
Section 129(2)
Crimes Act 1961
×A person
×Assaults another person
×With intent to commit sexual violation
×Of the other person
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4
Q

Sexual Conduct With Dependent Family Member

A 
Section 131(1) 
Crimes Act 1961
×Everyone
×Has sexual connection
×With a dependent family member under 18 years
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5
Q

Sexual Violation by Rape

A 
Section 128(1)(a)
Crimes Act 1961
×A person
×Rapes
×Another person
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6
Q

Sexual Conduct With Child Under 12

Sexual Connection

A 
Section 132(1)
Crimes Act 1961
×Everyone 
×Has sexual connection 
×With a child
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7
Q

Sexual Conduct With A Child Under 12

Indecent Act

A 
Section 132(3)
Crimes Act 1961
×Everyone 
×Does an indecent act
×On a child
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8
Q

Sexual Conduct With A Young Person Under 16

Sexual Connection

A 
Section 134(1)
Crimes Act 1961
×Everyone
×Has sexual connection 
×With a young person
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9
Q

Sexual Conduct With A Young Person Under 16

Indecent Act

A 
Section 134(3)
Crimes Act 1961
×Everyone
×Does an indecent act
×On a young person
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10
Q

Incest elements
Section 130
Crimes Act 1961

A

×Everyone
×Over the age of 16yrs
×Commits incest

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11
Q

When are you liable for incest?

A

Sexual connection is incest if relationship is between:

  • parent/child
  • siblings
  • half siblings
  • grandparent/grandchild

AND

The person charged knows the relationship

OFFENDER MUST BE OVER 16

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12
Q

What must be proved in attempted Sexual Violation?

A
  • intended to have sexual violation

- took real snd substantial steps towards achieving aim

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13
Q

Whats the principle definition between Rape and Unlawful Sexual Connection?

A

Rape is a specific form of unlawful sexual connection that involves the penetrstion of the complainants genitalia by the offenders penis.

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14
Q

What three things must the Crown prove in relation to Indecent Asaault?

A
  • the dependent intentionally assaulted the complainant
  • the circumstances accompanying the assault were indecent
  • the dependent intended the conduct that a reasonable person would find indecent
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15
Q

What do you let a medical practitioner know when booking?

A
  1. Age/gender
  2. When incident occurred
  3. Outline on what happened
  4. If any drugs suspected or injury
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16
Q

What are the three areas to consider in determining whether physical abuse is serious meets the CPP threshold?

A
  1. The action of the abuse
  2. The injury inflicted
  3. The circumstances
17
Q

What are five considerations after the Pre-Lim interview?

A
  1. Public safety/furthrr offending
  2. Need to secure evidence
  3. Secure crime scene
  4. Identify and locate witnesses
  5. Detecting/apprehending the suspect
  6. Consider what further investigative procedures are appropriate
18
Q

What should you remind the victim before attending an MEK?

A
  1. No eating/drinking
  2. No going to the toilet
  3. No washing or showering
  4. No washing hands or biting fingernails
19
Q

What to explain to victims before attending a medical exam?

A
  1. The benefits of a full medical exam to physical/mental/sexual health and how it can assist Police to obtain evidence
  2. The expected time frame
  3. That it will be conducted by a specially trained medical forensic practitioner trained in sexual assault victims.
20
Q

Advantages of visually recorded evidence (Level 3 SCWI)

A
  1. Greater quality and quantity
  2. Minimizing trauma
  3. Being able to be played as evidence in chief
  4. Providing valuable means for a witness to refresh their memory before Court
21
Q

Section 44

Evidence Act 2006

A

No questions can be put to the victim regarding previous sexual history with any person other than the defendant.

22
Q

Section 35

Evidence Act 2006

A

Previous consistent statements will be admitted as rebuttal evidence only.

23
Q

Name three circumstances where Police would remove a child from a household?

A
  1. Serious wilful neglect
  2. Serious physical abuse
  3. Serious assault
  4. When a child is witness to a serious assault
24
Q

CPP Timeframes

A

Critical - 24 hours
Very urgent - 48hrs
Urgent - 7 days

25
Q

What does child centred timeframes mean?

A

They are timeframes relevant to the childs age and cognitive development. The younger the child, the quicker they require response.

26
Q 
Section 132 (b)(b)
Crimes Act 1961
A

Doing an indecent act includes indecently assaulting the child.

27
Q

When interacting with victims if sexual assault/offences, what actions jsiuld you take to provide a safe, secure wnvironment?

A
  • Conduct dealings in a sensitive manner.
  • Accept they are telling the truth.
  • Listen to what they have to say.
  • Medical attention/establish if needed.
  • Treat with courtesy.
  • Explain the process you’re following.
  • Advise of local counselling services
28
Q

What are three grounds on which direction can be made under section 103 of the Evidence Act 2006?

A
  1. Age/maturity
  2. Trauma suffered
  3. Nature of evidence
  4. Intimidation
29
Q

Sexual Assault Criteria

A
  1. Sexual violation by rape or unlawful sexual connection.
  2. Indecent assault
  3. Incest
  4. Unwanted or coercive touching or actions in a sexual nature
  5. Any sexual abuse or exploitation by way of coercion, deciet, power of authority or mistaken belief.
30
Q

What is sexual violation? Section 128(1)

A

Sexual violation is the act of a person who:

a. Rapes another person.
b. Has unlawful sexual connection with the other person.

31
Q

In what other ways can a witness or child give evidence?

  • Adult section 105, Evidence Act 2006
  • Child section 107, Evidence Act 2006
A
  1. While in the courtroom but unable to see the dependent (screens).
  2. From an appropriate place outside the courtroom.
  3. By video record made before hearing (DVD).
32
Q

Proof of penetration is required, how may it be proven?

A
  1. Complainants evidence.
  2. Medical examination.
  3. Accused admissions.
33
Q

Three categories of an ASA file

A

Acute 0-7 days
Non acute 7 days - six months
Historic - six months +

34
Q

Proving age (in practice)

A

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the person as the person named in the certificate.

35
Q

Proving age (in practice)

A

In practice this generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the person as the person named in the certificate.

36
Q

Case law - R v COX

A

Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to give a rational judgment.

37
Q

Case law - R v GUTUAMA

A

Under the objective test the Crown must prove that “no reasonable person placed in the accused shoes could have thought the complainant was consenting”.

CIB007 (1 decks)

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