Sexual Offences - Evidence

Question 1

Attempted sexual violation

Answer 1

129 CA1961

(1) Attempts to commit sexual violation
(2) Assaults any person with intent to commit sexual violation

Both 10yrs imprisonment

Question 2

Incest

Answer 2

S130 CA61

10 years imp

(1) Sexual connection is incest if
(a) it is between two people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild
(b) And the person charged knows of the relationship

Question 3

Sexual conduct with dependant family member

Answer 3

Section 131 CA 1961

1) 7 years imp for sexual connection with DFM under 18
2) 7 years imp for attempted sexual connection with DFM under 18
3) 3 years imp for indecent assault on DFM under 18

DFM if the other person has power or authority over the under 18 year old

Question 4

Sexual conduct with a child under 12

Answer 4

132(1) CA 1961

(1) Everyone who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years
(2) attempts the above = 10 years

Question 5

Evidence of sexual experience in a sexual case

Answer 5

Section 44 Evidence Act 2006

1) no evidence or question about sexual experience of victim
2 no evidence or question about reputation of victim
3) judge can’t allow unless evidence or question has direct relevance

Question 6

Sexual case definition

Answer 6

S4 Evidence Act 06

A criminal proceeding which a person is charged with or awaiting to be sentenced for any offence against section 128 to 142A or 144A or any other offence of a sexual nature

Question 7

Privacy as to witness addresses

Answer 7

Section 87 Evidence Act 06

Witnesses address may not be subject of a question or statement during court proceedings by any person, unless approved by the judge

Question 8

Restriction on disclosure of complainants occupation in sexual cases

Answer 8

Section 88 Evidence Act 06

In a sexual case no question or statement can be made concerning the victims occupation by any person unless the judge rules it is relevant

Question 9

Persons allowed in court for sexual cases during victims evidence

Answer 9

S97 Evidence Act 06

If oral evidence from victim, only people allowed to be present are 
Judge
Prosecutor
Defendant and their custodian, if any
Any lawyer engaged in proceedings
Amy officer of the court
Police OC
Any member of media if allowed
Any person requested by the victim

Question 10

Stat defence against sexual conduct young person under 16

Answer 10

S134A CA61

(a) before the act the person had taken reasonable steps to ascertain whether the young person was of or over 16 years old, and
(b) at the time of the act they believed on reasonable grounds they were of or over 16, and
(c) the young person consented