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DDC May 2021 > Sexual Offenses > Flashcards

Sexual Offenses Flashcards

1
Q

Sexual violation by Rape

A

Section 128(1)(a)

  • A person
  • Rapes
  • Another person
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2
Q

Sexual Violation by Unlawful sexual connection

A

Section 128(1)(b)

  • A person
  • Has unlawful sexual connection
  • Another person
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3
Q

Sexual conduct with a child under 12

A

Section 132(3)

  • A person
  • Does an indecent act on a child
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4
Q

Sexual conduct with a young person under 16

1

A

Section 134(1)

  • A person
  • Has sexual connection with a young person
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5
Q

Sexual conduct with a young person under 16

3

A

Section 134(3)

  • A person
  • Does an indecent act on a young person
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6
Q

Genitalia

A

Includes a surgically constructed or reconstructed organ analogous to naturally occurring Male or female genitalia (whether the person concerned is Male, female, or of indeterminate sex).

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7
Q

R v Koroheke

A

The genitalia comprise the reproductive organs, interior and exterior they include the vulva and the labia, both interior and exterior; at the opening of the vagina.

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8
Q

Penis

A

Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is Male, female or of indeterminate sex).

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9
Q

Who do the ASA Policy and Procedures Apply to?

A

Adult- a person aged 18 years or older at the time of reporting a sexual assault.

The age at the time they are making the complaint not when it happened.

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10
Q

Before conducting medical forensic examination

A
  • Contact on call practitioner to arrange a time for examination. Advise of known information
  • Give very brief outline of the information known so far, including brief circumstances including when the sexual assault is believed to have occurred
  • Whether drug/alcohol may be involved
  • Details of the victims gender, age, injures or other known health concerns
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11
Q

Complaint types:

A

Acute: within 7 days of the offence

Non Acute: seven days to 6 months of the offence

Historic: longer than 6 months

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12
Q

Child Protection Policy

A

Victim is under the age of 18 years at the time of reporting.

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13
Q

Criteria for CPP

A

Sexual abuse
Physical abuse
Neglect

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14
Q

Sexual abuse of a child includes

A

Indecency
Sexual violation
Making sexual images

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15
Q

Physical abuse threshold

A 
The action (of the abuse)
The injury inflicted (outcome or result)
The circumstances (factors in the case)
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16
Q

Any actions that meet the threshold even if they only happen once…

A 
Blow or kick to the head
Shaking of an infant
Strangulation 
Use of a weapon 
Attempted drowning
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17
Q

Any injuries that meet the threshold even if they only happen once…

A
  • A bone fracture
  • Burn
  • Concussion or loss of consciousness
  • Any injury that requires medical attention
  • Any bruising or abrasion when the child is very young and/or it is unlikely to be caused by play or another child or accident
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18
Q

Other considerations in conjunction with other actions and injuries

A
  • the vulnerability of the child. Age,disability
  • more than one offender
  • history of abuse
  • high degree of violence
  • the offenders history
  • location of the incident
  • nature and level of concern from the notifier
19
Q

Neglect is when…

A

A person intentionally ill-treats or neglects a child or causes or permits the child to be ill-treated in a manner likely to cause actual bodily harm, injury to health or mental disorder or disability.

20
Q

Serious neglect examples

A
  • not providing adequate food, shelter or clothing
  • not protecting a child from physical harm or danger
  • not accessing appropriate medical treatment or care
  • allowing a child to be exposed to the illicit drug manufacturing process
  • allowing a child to be exposed to an environment where volatile, toxic or flammable chemicals have been used or stored.
21
Q

Initial steps

A
  1. Referral - information sharing between OT and Police
  2. Consultation - discussion at appropriate levels
  3. Agreement - agreeing upon an initial action in an Initial Joint Investigation Plan (IJIP)
22
Q

IJIP considerations…

Initial Joint Investigation Plan

A
  • immediate safety of child and any other children
  • if a joint visit is required
  • the management of the initial interview of the child.
  • referral to medical practitioner and authority to do so.
  • collection of physical evidence (e.g photos)
23
Q

Questioning a Child

A
  • If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT question the child.
  • If it is unclear what the child has said and there are no urgent safety issues DO NOT question further.
  • DO NOT continue to question a child if it becomes clear while speaking to them that an offence has occurred
  • If absolutely necessary to ascertain safety, ask open ended questions.
24
Q

How to make an OT referral

A
  • CPP form that’s emailed to OT
  • phone 0508 FAMILY then a CPP form
  • through a Family Harm report.
25
Q

CPP categories

A
  • Critical-24h- no safety or care identified. Serious harm concerns, requires immediate involvement.
  • Very urgent-48h- at risk of serious harm but has some protective factors present for the next 48h.
  • Urgent-7days - at risk of harm or neglect. Options for safety and support have been explored but remain unmet.
26
Q

Sexual violation by Rape requires …

A

Penetration by the penis into the complainant’s genitalia. It must be intentional and includes continuation of the act.
No consent given for penetration and without the defendant believing on reasonable grounds that the complaint was consenting.

27
Q

Sexual violation by unlawful sexual connection can occur in…

A

Three different ways.

  • penetration of the complainant’s genitalia or anus
  • connection between the defendant’s mouth or tongue and the complainant’s genitalia or anus
  • connection between the complainant’s mouth or tongue and the defendant’s genitalia or anus.
28
Q

Anus does not have a defintion but

A

Is not included in the defintion of genitalia and therefore non-consensual penile penetration of the anus is not rape it is “sexual violation by unlawful sexual connection”.

29
Q

Continuation

A

This is capturing situations where sexual activity is commenced consensually, but consent is later withdrawn.

30
Q

Consent defintion

A

A person’s conscience and voluntary agreement to something desired or proposed by another.

31
Q

R v Cox

A

Consent Case Law:
Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment

32
Q

Consent

Subjective test

A

What was the complaint thinking at the time?

33
Q

Consent

Objective Test

A

What would a reasonable person have believed in the same position as the defendant?

34
Q

R v Gutuama

A

Under the objective test the Crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

35
Q 
Section 128A(1)
Crimes Act 1961
A

Allowing sexual activity does not amount to consent if…

A person doesn’t protest or offer physical resistance

36
Q 
Section 128A(2)
Crimes Act 2961
A

Allowing sexual activity does not amount to consent if…

  • He or she allows the activity because of force applied or
  • The threat of force
  • the fear of the application of force
37
Q

Section 128A(3)

A

Allowing sexual activity does not amount to consent if…

They are asleep or unconscious

38
Q 
Section 128A(4)
Crimes Act 1961
A

Allowing sexual activity does not amount to consent if…

They are so affected by alcohol or drugs that he/she can not consent or refuse to consent

39
Q 
Section 128A(5)
Crimes Act 1961
A

Allowing sexual activity does not amount to consent if…
He she is affected by an intellectual, mental or physical condition or impairment of such a degree that he or she cannot consent or refuse to consent

40
Q 
Section 128A(6)
Crimes Act 1961
A

Allowing sexual activity does not amount to consent if…

He or she is is mistaken about who the other person is.

41
Q 
Section 128A(7)
Crimes Act 1961
A

Allowing sexual activity does not amount to consent if…

He or she is mistaken about its nature and quality

42
Q 
Section 128(2)
Rape defintion
A

Person A rapes person B if person A has sexual connection with person B’s genitalia by person A’s penis-

(a) without person B’s consent
(b) without believing on reasonable grounds that person B consents.

43
Q

S134A

Defence to charge summarised

A
  • they had taken reasonable steps to ascertain that the young person was at least 16 and
  • they believed on reasonable grounds that the young person was at least 16 and
  • the young person consented

DDC May 2021 (8 decks)

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