Sexual offences new

Question 1

if a male has sex with his 18 year old home stay student is there an offence?

Answer 1

No offences committed - 18 years and over is not an offence for sex with a dependant family member

Question 2

when is offence of sexual grooming complete

Answer 2

• when offender intentionally meets the YP
• when the offender travels with intention to meet YP
• when offender persuades or arranges the YP to travel with intention of meeting him/her

Question 3

when can previous consistent statement be admitted and what section of the evidence act 2006

Answer 3

s35 - only as rebuttal evidence if the complainant or witness’s veracity is challenged

Question 4

can a 17 year old uncle be charged with failing to protect a child

Answer 4

no, the person charged must be over the age of 18 and a member of the same household

Question 5

how far out must the prosecutor give the transcript to the defence before a preliminary hearing or defended summary hearing

Answer 5

at least 7 days

Question 6

can a child aged 12 consent to intercourse

Answer 6

Cox v R

Although we should not exclude the possibility that a child may be able to give full, voluntary free and informed consent, the circumstances that would justify that conclusion are exceptional if not rare

Save in exceptional circumstances, even where she agreed to the act occurring, no reasonable adult has grounds to believe that a child of 10 or 11 has the experience or maturity to understand the nature or significance of the act

Question 7

s44 of evidence act 2006 - no question can be put to the complainant regarding

Answer 7

their sexual experience with any person other than the defendant

Question 8

when is sexual exploitation of an impaired person offence complete

Answer 8

• person has sexual connection with impaired person
• knowing the person is significantly impaired
• and obtained the impaired persons acquiesence in, submission to, participation in, undertaking of the connection by taking advantage of the impairment

Question 9

s87 of evidence act - in certain circumstances the judge can ask the witness for their address details, in what circumstances will this occur

Answer 9

the Judge may order for the disclosure of these details in circumstances where the details are directly related to facts in issue and excluding them would be contrary to the interests of justice

Question 10

what is the principal difference between s128and s129A in relation to consent obtained by a threat

Answer 10

section 128 requires that the threat be a threat of force

Question 11

18 year old boy having sex with 16 year old sister and know they are related, arrest for incest, can you also arrest the sister?

Answer 11

Yes as she is 16 years old and knew of relationship

Question 12

18 year old foreign exchange student sleeping with male at the house to get use of car. Has he committed any offence?

Answer 12

No, the dependant family member must be under the age of 18

Question 13

at a rape scene you freeze and assemble all present in adjoining unit, what next?

Answer 13

contain the suspects and conduct prelim with the victim

Question 14

John marries Mary who has a 16 year old daughter. John and Mary’s daughter start having sex. What offence has John committed?

Answer 14

Sexual conduct with dependant family member - section 131(1) of the crimes act 1961

Question 15

an urgent case of child abuse is classified as one where

Answer 15

reasonable grounds to suspect the child is suffering or at risk but safe in the short term

Question 16

name 3 circumstances where police would remove a child from an address

Answer 16

• serious physical abuse
• serious wilful neglect
• sexual abuse

Question 17

what is the reason for a preliminary interview

Answer 17

To gain a better understanding of what has occurred and to determine:

• what further investigative actions are necessary
• whether an offence may have occurred
• whether the victim wishes to make a formal complaint

Question 18

what should be the 2 principal objectives of a Dr conducting the medical exam of a victim of child abuse

Answer 18

• determine the treatment and protection

- provide evidential material

Question 19

what considerations should you make for a child medical examination

Answer 19

• the age of the child
• their physical development
• the nature of their injuries