SEXUAL OFFENCES EVIDENCE Flashcards
RE s44 Evidence Act 2006 what is the primary consideration?
Protects the victims character
Evidence presented is strictly limited to what is RELEVANT to the case
Not unfairly prejudicial
Cannot ask questions about
- SEXUAL experiences with persons other than the defendant
- the reputation of the complainant in SEXUAL matters
s87 Evidence Act 2006?
Privacy as to witnesses precise address
s88 Evidence Act 2006?
Restriction on disclosure of complaints occupation in SEXUAL cases
s121 Evidence Act 2006
In any criminal proceeding the complaints evidence does not need to be corroborated
This is important in SEXUAL offending cases as there is not often an independent witness
Although corroborating evidence undoubtedly strengthens the case for the prosecution, it’s absence does not make conviction impossible
It can also help to establish certain key points. A bruise is capable of confirming that intercourse was non-consensual where the issue is not one of identity but whether non-consensual intercourse took place
Case law
R v Felisse
s90 criminal Proceedures Act 2011
Application for oral evidence
s97 Criminal Proceedures Act 2011
Person’s who may be present if oral evidence is take from victim
JP DR LOOM
Judge Prosecutor Defendant Requested person by victim Lawyer O/C Officer of the court Media
s35 Criminal Proceedures Act 2011
Previous consistent statement rule
What is the 12 key process
INITIAL ACTION
Case referral to ASA/CIB
Prelim int by ASA/CIB
Provide specialist support
Information/feedback to victim
Medical exam asap - especially in acute cases
Formal int with victim
Investigation and evidence assessment
Resolution options
Prosecution
Final actions/ record keeping
Preventative opportunities
s103 to 105 Evidence Act 2006
Evidence can be admitted by alternative means
VRI/CCTV
Crown must apply to use alternative means and this must be explained to victim
What are the 4 musts re victims
Must be treated with dignity and respect
Wellness and safety of paramount consideration
Must be referred to specialist SEXUAL assault support services
Must be given regular updates re status of investigation and court proceedings
Matters that do not constitute consent
AUDI INN
Application/ threat/fear of force used to self or others
Unconscious/asleep
Affected by DRUGS/alcohol
Impaired mentally/physically they cannot consent
I.D mistaken
Not protesting/resisting
Nature/quality of act has be mistaken
What is the three STEP process of reasonable grounds?
STEP 1 - SUBJECTIVE test - absence of consent
What was victims thought at the time
Step 2 - SUBJECTIVE test - belief in consent
If she was not consenting did the offender believe she was consenting? What was the offenders thoughts at the time
Step 3 - objective test - reasonable grounds for belief in consent
If offender believes victim is consenting was it reasonable in the circumstances
