Flashcards in Practise Test B Deck (21)
Can a child aged 12 consent to sexual intercourse
R V COX - Although we do not exclude the possibility that a child of ten or eleven may be able to give full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion wold be exceptional if not rare.
It is an offence for an adoptive parent to have sexual intercourse with his 18-year-old daughter?
Yes, it is. An adoptive parent is specified as a parent which makes him liable for the offence of incest.
At what age does a file become an ASAT file?
17 years or older at the time of making the complaint, NOT 16
No questions can be put to the victim regarding. (Section 44 Evidence Act 2006)
- Previous sexual history with any person other than the Defendant
What three things must the Crown prove in relation to an Indecent Assualt
- The Defendant intentionally assaulted the complainant
- The circumstances accompanying the assault were indencent
- The defendants intended conduct that a reasonable person would fin indecent
Can a 17-year-old uncle be charged with failing to protect a child?
Offenders must be from the same household, or visit frequently and must be over 18 years of age.
What are the three categories of a file in relation to ASA?
Consent is a person's conscious and voluntary agreement to something desired or purposed by another
R v LEESON
The definition of 'indecent assault' is an assault accompanied by circumstances of indecency
What is the defence under section 134 CA 61 ?
a) before the time of the act concerned, he/she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16; and
b) at the time of the act, he/she believed on reasonable grounds that the young person was of or over the age of 16 years old; and
c) the young person consented
When is the offence of sexual grooming complete?
- When the offender intentionally meets the young person
- When the offender travels with the intention of meeting the young person
- Arranges or persuades the young person to travel with the intention of meeting him or her
Outline the definition of S128A CA 61
A person does not consent to sexual activity under certain circumstances. Matters that do not constitute consent.
- not protesting or offering physical resistance use of force, threats of force, or fear of force
-asleep or unconscious
- so affected by alcohol or drugs they cannot consent
- so affected by their mental or physical impairment they cannot consent
- Mistaken as to the quality or nature of the act
Before attending a MEK, what should you tell the victim?
- no eating or drinking
- no going to the bathroom if possible. (if necessary use toxicology to capture urine)
- no washing or showering
- no washing hands or biting nails
In certain circumstances s87 Evidence Act 2006, the judge can ask the witness to state their address details. In what circumstances will this occur?
Section 87 - Privacy as to witnesses' precise address
(2) if the judge is satisfied that the question to be put, the evidence to be given, or the statement or remark to be made, is of sufficient direct relevance to the facts in issue that to exclude it would be contrary to the interest of justice
When is the offence of having exploitative sexual connection with a person with a significant impairment complete?
a) has sexual connection with the impaired person knowing that the impaired person is a person with a significant impairment: and
b) has obtained the impaired person acquiescence in, submissions to, participation in, or undertaking of the connection by taking advantage of the impairment
Section 129A(5) CA 61 sexual conduct with consent induced by certain threats
5) The kind of threats referred to in subsections 3 and 4a are
a) a threat that the person making the threat or some other person will commit an offence that -
(i) is punishable by imprisonment; but
(ii) does not involve the actual or threatened application of force to any person; and
b) a threat that the person making the threat or some other person will make accusation or disclosure (whether true or false) about misconduct by any person(whether living or dead) that is likely to damage seriously the reputation of the person against or about whom the accusation or disclosure is made; and
c) a threat that the person making the threat will make improper use, to the detriment of the person consenting, of a power or authority arising out of
(i) an occupational or vocational position held by the person making the threat; or
(ii) a commercial relationship existing between the person making the threat and the person consenting
S195 CA 61, What is necessary to prove criminal liability in failing to protect a child?
The offence applies to;
-Members of the same household as the victim
- people who are staff members of any hospital, institution or residence where the victim resides
Criminal liability will arise if such person has frequent contact with a child or valuable adult and;
-knows the victim is at risk of death or GBH or sexual assault as a result of the acts or omissions of another person; and
- fails to take reasonable steps to protect the victim from the risk
Outline the ingredients of Indecent assault?
Section 135(1), CA 61 7 years imprisonment
The mnemonic CALM TEA stands for?
Conduct - your dealings in a sensitive and concerned manner.
Accept - they are telling the truth until/unless there is evidence to prove the contrary
Listen - to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings
Establish whether they require "Medical attention"
Threat - them courteously
Explain - the process you are following an why you need to follow that process and ask certain questions
Advise - them of the local counselling services available.
Outline section 44 of the Evidence Act 2006 subsection 1 and 2
(1) In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.
(2)In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.