Sexual Offences Evidence

Question 1

Section 44 Evidence Act 2006 (Complainants Character)

Answer 1

Evidence of sexual experience of complainants in sexual cases

Question 2

Section 44 Evidence Act 2006 what questions can’t be put to the complainant?

Answer 2

• Sexual experience of the complainant with any other person other than defendant
• Reputation of the complainant

Question 3

Section 4 Evidence Act 2006

Answer 3

Any evidence of an offence against sec 128 to 142A or 144A of Crimes Act 1961

Question 4

Personal particulars - What restrictions are there on disclosure in sexual cases?

Answer 4

• Protect the witnesses from having to state their address - (S87 Evidence Act)
• Protect the occupation of the Victim (S88 Evidence Act) unless judge is satisfied it is directly relevant to case

Question 5

What is the meaning of corroboration?

Answer 5

Any independent evidence connecting the defendant with the crime. It confirms not only that the crime has been committed, but that the defendant committed it.
Either direct or circumstantial.

Question 6

What is acceptable corroboration of the defendants silence?

Answer 6

If an accusation is made against the defendant, and both the accuser and defendant are on an equal footing, the defendant’s silence may be construed as an admission and thereby corroboration.

Question 7

What is acceptable corroboration of the Victim’s distressed condition?

Answer 7

It rests on whether the victim’s condition is genuine and can be said to be involuntary and uncontrived, so as to amount to independent evidence of the allegation.

Question 8

What is acceptable corroboration of the Victim’s ability to describe scene?

Answer 8

If Victim has not been in room of where the alleged offence was committed, evidence of the interior of the room and layout maybe seen as corroboration.

Question 9

What is acceptable corroboration of the Defendant’s statement?

Answer 9

An admission or confession made by the defendant out of court or during oral evidence as a witness maybe seen as corroboration. Eg Defendant told 3rd party he did not intent to rape the victim but was unable to control himself.

Question 10

What is acceptable corroboration of the Defendant’s lies?

Answer 10

It is the judges decision, in light of all the circumstances, whether lies told by the defendant constitute corroboration evidence.

Question 11

Persons allowed in Court

s97 Criminal Proceedings Act

Answer 11

1 - Judge
2 - Prosecutor
3 - Defendant and their custodian if any
4 - Any lawyer engaged in proceedings
5 - Any officer of the court
6 - The Police O/C of case
7 - Any members of media defined in s192(2)
8 - Any person requested by complainant.
9 - Any person permitted by the Judge

Question 12

Legal requirement before complainant gives evidence (s97(2) Criminal Proceedings Act)

Answer 12

Before the complainant’s oral evidence starts, the judge will ensure:

• No one remains in the court room who is not permitted to be there.
• Advise the complainant of their right to request any person to be present.

Question 13

12 Key points to ASAI

Answer 13

1. Initial Actions on Contact
2. Case Referral
3. Providing specialist support
4. Preliminary interview
5. Information Feedback
6. Medical Examination
7. Formal interview
8. Investigation and evidence assessment
9. Resolution options
10. Prosecution
11. Final actions and record keeping
12. Preventative opportunities and responsibilities.

Question 14

Evidence admitted by alternative means

Answer 14

Sec 103 to 105 of Evidence Act provide for Victim’s or witness’s evidence to be admitted by alternative means. Eg play DVD interview to court or evidence given orally from a safe location via CCTV.

Question 15

Victims Rights in regards to ASA

Answer 15

• Be treated with dignity and respect.
• Well being and safety is paramount
• Must be referred to specialist ASA services and encouraged to have support thought investigation.
• Must be given regular updates on investigation

Question 16

Definition of a Victim

Answer 16

1. Person against whom an offence is committed by another persons.
2. Persons who through means of another person committing an offence suffers physical injury, loss of property or damage to property.
3. Parent or legal guarding or a CYP who falls in to points above, unless parent or guarding is charged or convicted.
4. Member of the immediate family of a person who as a result of an offence committed by another person, dies or is incapable, unless that family member is charged or convicted.