Sexual Violence practical Flashcards
what age does the ASAI procedures apply to?
17 or older
What are the primary and secondary purposes of the medical examinations?
Primary; ensure the physical, sexual, emotional and mental wellbeing of the victim
Secondary to discover trace evidence
What information is to be briefed to a medical examiner prior to an examination?
When the assault is believed to have occurred.
brief outline of what is believed to have happened? including degree of intoxication, victims bio details, injuries, other health concerns.
Discuss victims wishes about gender of examiner.
if necessary Discuss whether child sexual assault complaint should be investigated using adult guidelines and vice versa.
What information should be feedback to victims?
Specialist support services available
Police investigation process
Realistic timeframes of:
initial actions; scene/forensic exams
formal interview process
exhibits taken
court proceses
Clarify victims expectations of the reporting of the incidentWhat needs to be discussed with Debriefing of medical Practitioners?
Immediate needs of victim
summarize exhibits seized and their significance
identify forensic items that need to be taken to esr for analysis to prevent loss of evidence asap
identify injuries that should be photographed
significant disclosures
What are some post prelim-interview considerations?
Reassess enquiry and consider further investigative actions required
public safety issues and further offending
need to secure evidence
securing and containing scene
identifying and locating witnesses
identifying and apprehending suspect
what is a the primary immediate action for a front counter immediate complaint?
Move victim to safe and private area.
What are the ASA timeframes
Acute <7 days
Non-acute 7 days to 6 months
historic > 6 months
What is the purpose of an pre-lim interview?
to gain a better understanding of what has occurred.
determine what actions are necessary.
establish if an offense has been committed
In the case of a very acute case what are some measures you should tell the victim to take to avoid loss of trace evidence?
if possible refrain from: eating or drinking biting chewing nails going to the toilet brushing teeth /rinsing mouth washing and showering smoking brushing hair
Explain s.88 Evidence Act?
victims character
No question can be put directly or indirectly to the victim relating to her sexual experience with any person other than the defendant OR the reputation of the complainant with regard to sexual matters.
W/out the express permission of the judge
Define a ‘sexual case’?
Sexual case means criminal proceedings where a defendant is charged under s.128-142 and 144A CA61 OR
any offence against a person of a sexual nature.
Discuss s.87 EA06 with regard to a witness address?
a witnesses address cannot be referred to in any question, evidence, statement or remark by a lawyer, witness, officer of the court.
Unless it has specific direct relevance to the facts in issue and it would be contrary to the interests of justice.
Without the express permission of the judge.
Discuss s.88 EA06 with regard to a complainants occupation?
no question put to any person or any evidence given or statement made by any lawyer, witness or officer of the court concerning the complainants occupation
unless it has specific relevance to the facts in issue and would be contrary to the interests of justice.
Who can be present in a courtroom during the complainants testimony?
Judge and jury Defendant Defence counsel and prosecutor officers of the court OC case any media defined in 198(2) any person requested by the complainant. any person permitted by the judge
