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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
What does child centred timeframes mean?
They are timeframes relevant to the childs age and cognitive development. The younger the child, the quicker they require response.
26
``` Section 132 (b)(b) Crimes Act 1961 ```
Doing an indecent act includes indecently assaulting the child.
27
When interacting with victims if sexual assault/offences, what actions jsiuld you take to provide a safe, secure wnvironment?
- 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
What are three grounds on which direction can be made under section 103 of the Evidence Act 2006?
1. Age/maturity 2. Trauma suffered 3. Nature of evidence 4. Intimidation
29
Sexual Assault Criteria
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
What is sexual violation? Section 128(1)
Sexual violation is the act of a person who: a. Rapes another person. b. Has unlawful sexual connection with the other person.
31
In what other ways can a witness or child give evidence? - Adult section 105, Evidence Act 2006 - Child section 107, Evidence Act 2006
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
Proof of penetration is required, how may it be proven?
1. Complainants evidence. 2. Medical examination. 3. Accused admissions.
33
Three categories of an ASA file
Acute 0-7 days Non acute 7 days - six months Historic - six months +
34
Proving age (in practice)
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
Proving age (in practice)
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
Case law - R v COX
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to give a rational judgment.
37
Case law - R v GUTUAMA
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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