4. Sexual Offences

Question 1

What section of legislation covers - What consent is generally speaking?

Answer 1

Crimes Act 1900 - 61HI
Consent generally

Question 2

How many elements of consent is there? And what legislation is it in.

Answer 2

6 Elements - Covered in Section 61HI

Question 3

What is element 1 of consent - s61HI (1)?
Hint: Free

Answer 3

s61HI (1)
A Person consents to a sexual activity if, at the time of the sexual activity the person freely and voluntarily agrees to the sexual activity.

Question 4

What is element 2 of consent - s61HI (2)?
Hint: Change mind

Answer 4

s61HI (2)
A person may, by the words or conduct , withdrw consent at any time.

Question 5

What is element 3 of consent - s61HI (3)?
Hint: What happens after elementary 2 happens.

Answer 5

s61HI (3)
Sexual Activity after consent is withdrawn occurs without consent

Question 6

What is element 4 of consent - s61HI (4)?
Hint: Resistance

Answer 6

s61HI (4)
A person who does not offer physical or verbal resistence to a sexual activity is not, by reason only of that fact, to be taken to consent.

Question 7

What is element 5 of consent - s61HI (5)?
Hint: Other

Answer 7

s61HI (5)
A person who consents to a particular sexual activtiy , is not, by reason of that fact, to be taken to consent to any other sexual activtiy.

Question 8

What is element 6 of consent - s61HI (6)?
Hint: times

Answer 8

s61HI (6)
A person who consents to sexual actitity one time, is not to be taken to consent to more

Question 9

What legislation cover ‘Knowledge about consent’?

Answer 9

Crimes Act 1900 - 61HK
Knowledge about consent

Question 10

What are the three (3) elements or rules about consent contained in section 61HK. Number 1?

Accused person is taken to know the person does not consent if:
…

Hint: Obvious really

Answer 10

61HK (1) (a):
They actually know the other person does not consent.

Question 11

What are the three (3) elements or rules about consent contained in section 61HK. Number 2?
Hint: Loose

Answer 11

61HK (1) (b)
Accused person is taken to know the person does not consent if:
They are reckless as to whether the other person consents

Question 12

What are the three (3) elements or rules about consent contained in section 61HK. Number 3?
Hint: Be real

Answer 12

61HK (1) (c)
Accused person is taken to know the person does not consent if:
Any belief that the person has that the other person consents is not reasonable in the circumstances.

Question 13

What are the is the other important in section 61HK?
Hint: Stand alone point

Answer 13

A belief that a person consents is not reasonable if the accused did not within a reasonable time frame, say or do anything to find out whether the other cosents.

Question 14

What legisalation covers the aggriatations of sexual touching?

Answer 14

Crimes Act s61KD

Question 15

What are the circumstances of aggravated sexual touching?
Hint: PUCC

Answer 15

s61KD
P - Physical Disablity
U - Under Authority
C - Cognitive Disability
C - (in) Company

Question 16

What are the elements of sexual touching?

Answer 16

Person touching another person with any part of the body with anything else, or through anything, including anything worn by the persons (POI or VIC).
And…
In circumstances where a reasonable person would consider the touch to be sexual.

Question 17

What legislation covers circumstances where no consent exists?
Hint: Two letters that are code for a sexual thing, awkwardly.

Answer 17

Crimes Act 61HJ - Circumstances where no consent

Question 18

What are circumstances where no consent exists - First 4 of 11 items in Section 61HJ
Hint: They are the most obvious.

Answer 18

1. Doesn’t say/do anything to consent.
2. Doesn’t have the capacity to consent.
3. Person so affected by alcohol/drugs as to be incapable of consenting
4. Person is unconscious or asleep

Question 19

What are circumstances where no consent exists - Items 5 to 8 in Section 61HJ
Hint: Duress

Answer 19

5. Person participates out of fear of force or serious harm or actual force to the person, another person, animal, or propoerty (no matter when + single/ongoing).
6. Person partipates because of coercion, blackmail, or intimidation (no matter when + single/ongoing)
7. Person participates because the person or another person is unlawfully detained.
8. Person particpates because person is overborne by abuse of relationship of authority, rust, or dependence.

Question 20

What are circumstances where no consent exists - Items 9 to 11 in Section 61HJ
Hint: Medical/Mistaken/Fraud

Answer 20

9. Person was mistaken about nature of the sexual acticity or the purpose of the sexual activtity (incl. health/hygineic/cosmetic.
10. Person mistaken about the ID or that the person is married to the other
11. Person participates because of a fraudulent inducement.

Question 21

What legislation covers sexual definition of sexual intercourse?
Hint: You won’t be laughing at the section.

Answer 21

Crimes Act 1900 s61HA

Question 22

What is a sexual intercourse as per the legislation? 4 items, plus a definition of what isn’t sexual intercourse.

Answer 22

> Penetration to any extent of genitalia or anus by any part of body or by any object manipulated by another person
Genitalia into mouth (Fellatio)
Mouth or Tongue to female genitalia (Cunnilingus)
Continuation of the above
Note: Not sexual intercourse when penetration occours for medical or hygene purposes

Question 23

What are the circumstances of child sexual assault aggravation
Hint: A BAD PA COC
Adult vs Child - What can’t a child do legally but often does.

Answer 23

A - ABH (intentionally or recklessly)

B - Break & Enters with intent to commit offence
A - Autority of the offender
D - Deprives liberty

P - Phyiscal Disability
A - Alcohol or drug influence

C - Cognitive Disability
O - Offence Weapon or Threatens ABH
C - (in) Company

Question 24

What are the circumstances of adult sexual assault aggrivation
Hint: A BAD PUG COC
Hint 2: One is a another offence but a specific age, the other one other difference between adult v child.

Answer 24

A - ABH (Intentally / Recklessly)

B - Breaks & Enters with intent to commit offence
A - Authority of offender
D - Deprives liberty

P - Physical disability
U - Under 16 years old
G - GBH threat

C - Cognitive disability
O - Offensive weapon or threatens ABH
C - (in) Company

Question 25

What section of legislation covers sexual act?

Answer 25

Crimes Act 1900 61HC

Question 26

What is a sexual act as per s61HC

Answer 26

An act (not a sexual touching) carried out in circumstances where a reasonable person would consider the act to be sexual.

Question 27

What three (3) sections of legislation that provides meanings of meaning of: Sexual Intercourse Sexual Touching Sexual Act Hint: they are sequential, most serious to least serious.

Answer 27

61HA - Meaning of sexual assault 61HB - Meaning of sexual touching 61HC - Meaning of sexual act

Question 28

What three (3) sections of legislation provide general rules for 'Consent', and what they are named?

Answer 28

61HI - Consent Generally 61HJ - Circumstances in which there is no consent 61HK - Knowledge about consent

Question 29

What section of legislation covers offences of: Sexual Assault Sexual Touching Sexual Act Hint: They are in order but not sequential

Answer 29

Sexual Assault - 61HI Sexual Touching - 61KC Sexual Act - 61KE

Question 30

What section of legislation covers sexual offences with children - Just the number?

Answer 30

Section 66

Question 31

What legislation covers - Sexual intercourse with a child? Hint: Two sections for two age groups

Answer 31

s66A - Sexual Intercouse under 10 s66C - Sexual Intercourse between 10 and 16

Question 32

What legislation covers - Sexual touching with a child? Hint: Two sections for two age groups. Sequential before sexual touching

Answer 32

s66DA - Sexual touching under 10 s66DB - Sexual touching between 10 and 16

Question 33

What legislation covers - Sexual act with a child? Hint: Two sections for two age groups. Sequential after sexual touching

Answer 33

s66DC - Sexual act under 10 s66DD - Sexual act between 10 and 16

Question 34

What section of legislation covers persons 'Under Special Care'; and what ages?

Answer 34

Aged between 16 & 18. s73 - Sexual Intercourse s73A - Sexual touching

Question 35

What are the three (3) main sexual offences

Answer 35

Sexual Assault Sexual Touching Sexual Act

Question 36

What matters are taken into account in relation to determining if it is sexual touching? Hint: How do you know it's sexual touching. Hint for number 3 think about David Walker and what happened before.

Answer 36

1) Whether the area touched or doing the touching is the person's genitals, anal area or breasts; regardless of gener or sex, or whether or not sexually developed. 2) Touching is done for sexual gratification 3) Any aspect of the touching makes it sexual.

Question 37

What legislation covers the offence of adult sexual assault? Hint: the letter is one of the letters of the thing that makes the offence.

Answer 37

Crimes Act 1900 S61I

Question 38

What legislation covers sexual touching?

Answer 38

Crimes Act 61KC

Question 39

What are the elements of sexual touching? Hint: 2nd element has 3 possibilities.

Answer 39

1. The Accused 2. Sexually touching the victim or Incites the victim to sexually touch another or incites a thied person to sexually touch the victim or incities victim to sexually touch a thief person

Question 40

What are the circumstances of aggravation for sexual touching Hint: 3 things (or 4 if you don't combine the last)

Answer 40

1. In Company 2. Under Authority 3. Physical or cognitive impairment

Question 41

What legislation covers Sexual Act?

Answer 41

Crimes Act s61KE

Question 42

What are the elements of sexual act? Hint: 2nd element has 3 possibilities.

Answer 42

1. Any person who without consent of the victim, knowing they do not consent 2. Carries out a sexual act towards the victim; or Incities victim to carry out sexual act with/towards the victim; or Incities the vicitm; or Incites the victim to carry out a sexual act with/towards a third person.

Question 43

What section covers where there can be no consent?

Answer 43

Crimes Act 1900 S61HK

Question 44

What section covers Choking, Suffocation or Strangulation?

Answer 44

Crimes Act 1900 s37

Question 45

What does 'Choke' mean?

Answer 45

Obstruction of air passage (including item in mouth)

Question 46

What does 'Strangle' mean?

Answer 46

Restrict blood flow (two hands around throat).

Question 47

What does 'Suffocate' mean?

Answer 47

Covering of the nose and mouth (e.g. with a pillow etc).

Question 48

What are the three (3) offences in relation to S37? Hint: It's not linked to the method

Answer 48

1A. Guilty if person intentionally chokes, suffocates, or strangles another person 1. Intentionally chokes, suffocates or strangles person rendering them unconscious, insenible or incapable of resistence. 2. Same as (1) with intent to commit further indictable offence.

Question 49

What should the inital response to sexual assault? Hint: Just mention everything you can think of. Remember the 4 things to consider for everything - Victim/Scene/POI/Resources

Answer 49

1. Assess Victim safety and medical needs 2. Take to privaet location 3. Don't leave them alone 4. Tell them what is happening and what is the process 5. Inform of sexual assault services 6. Assess need for SAIK & ask them not to drink, eat, smoke, shower, etc 7. Record Victim and Witness detials & description of POI/VOI 8. Notify Duty Officer 9. Sitrep 10. Crime Scene considerations incl victim clothing 11. Canvass for CCTV & Witnesses 12. Statements 13. Photoboard / line-up 14. Telephone interface 15. Arrest / Charge / AVO 16. Forensic Procedure

Question 50

What are support considerations when taking a statement?

Answer 50

1. Location and timing of interview 2. Male or female officer to take statement 3. Cultural background of victim 4. Support person 5. Privacy 6. Copy of their statement 7. Copy of AVO/PVO 8. Advise them of the role of Sexual Assault Services councellors 9. If the Victim is reluctance to disclose certain things, try to build a rapport / trust.

Question 51

What section of legislation covers the objectives of sexual assault legislation? Hint: Core principles

Answer 51

Crimes Act 1900 s61HF

Question 52

What are the key prinicples of the sexual assault legislation?

Answer 52

Crimes Act 1900 s61HF 1. Every person has a right to chose whether or not to participate in sexual activity 2. Consent to sexual activity is not to be presumed 3. Consentual Sexual Activity involves ongoing and mutal communitication, decision making and free and voluntary agreement between the persons participating in the sexual activity.