Sex 21-40 Flashcards
(20 cards)
What is the primary objective of a medical examination?
1.To ensure the Victims physical, sexual, mental health and safety.
2.Of secondary importance is the opportunity to collect trace evidence.
What should you explain to the Victim prior to attending a medical examination?
1.That the examination will be conducted by a medical forensic practitioner specially trained in examining victims of sexual assault
2.The benefits of a full medical forensic examination including:
3.Potential benefit to their physical, sexual and mental health
4.How the examination can help Police obtain evidence to apprehend the offender
5.The expected time frame for the examination and, if appropriate, possible outcomes of the examination
What are the three areas to consider in determining whether the physical abuse is serious and meets the threshold for referral as a CPP case?
- The action of the abuse
- The injury inflicted
- The circumstances (factors of the case)
When interacting with Victims of sexual offences, what actions should you take to provide a safe and secure environment?
ACRONYM: CALM TEA
1.Conduct dealings in sensitive and concerned manner
2.Accept they are telling the truth until there is evidence of the contrary
3.Listen to what they have to say, allow them to give their own account, even if it is just to vent feelings
4.Medical Examination
5.Treat them courteously
6.Explain the processes you are a following and why you are following them, explain why you need to ask certain questions
7.Advise them of available counselling services
Define ‘Serious child abuse’
Harming (whether physically, emotionally, or sexually), ill-treatment, abuse, neglect, or deprivation of any child or young person.
List some of the responsibilities that Police have to Victims
All Section 29 requirements are met,
All Victim contact must be recorded
Victim to be advised of investigation updates within 21 days
Victims must be given updates at all stages (whether it’s enquiry updates, or no further avenues etc)
If the offender is arrested and charged with a section 29 offence, victims must be informed of their right to register on the Victim Notification System
What does Section 128B Crimes Act 1961 outline?
Section 128B of the Crimes Act 1961 outlines the penalty provisions for sexual violation and the circumstances under which imprisonment must be imposed. Key points :
Penalty for Sexual Violation:
Anyone who commits sexual violation is liable to imprisonment for a term not exceeding 20 years.
Mandatory Imprisonment:
A person convicted of sexual violation must be sentenced to imprisonment unless the court determines, based on specific circumstances, that imprisonment is not appropriate.
Punishment for Sexual Violation is a term of imprisonment not exceeding 20 years and imprisonment should be imposed upon conviction unless there are special circumstances that justify a departure from that rule.
List 5 grounds on which a direction can be made under Section 103(3) Evidence Act 2006 in regards to witness giving evidence in an alternate manner?
- Age / Maturity of the Witness
- Trauma suffered by the Witness
- Witness fear of intimidation
- Physical, intellectual, psychological, psychiatric impairment of the victim
- Linguistic, cultural or religious background of the witness
List three grounds on which a direction can be made under s103(3) of the Evidence Act 2006 in regard to a witness giving evidence in an alternative way
Under s103(3):
(3) A direction under subsection (1) that a witness is to give evidence in an alternative way, may be made on the grounds of:
1.The age or maturity of the witness
2.The physical, intellectual,
psychological, or psychiatric impairment of the witness
3.The trauma suffered by the witness
4.The witness’s fear of intimidation
5.The linguistic or cultural background or religious beliefs of the witness
6.The nature of the proceeding
7.The nature of the evidence that the witness is expected to give
8.The relationship of the witness to any party to the proceeding
9.The absence or likely absence of the witness from New Zealand
10.Any other ground likely to promote the purpose of the Act.
Outline the Title, Act, Section, and legislation of “Attempted Sexual Violation”
Title: Attempted Sexual Violation
Act/Section: 129(1) Crimes Act 1961
“Everyone who attempts to commit sexual violation is liable to a term of imprisonment not exceeding 10 years”.
Explain Section 144A Crimes Act 1961 (Sexual Conduct with children outside NZ)
If you commit the following offences:132(1)132(2)132(3) &134(1)134(2)134(3) Outside of NZ, you are liable to be arrested and charged upon returning to NZ.
However, the Section of 144B, states that in these cases, approval must first be given by the Attorney-General to charge.
Discuss Regulation 28 of the Evidence Regulations Act 2007
This regulation states that Police must provide a typed transcript of a video record to Defence as soon as practicable after the Defendant has plead not guilty.
Explain Section 88(1) and 88(2) of the Evidence Act 2006
Section 88(1): General Rule
In sexual offence cases, unless the judge grants permission:
No questions can be asked of the complainant or any other witness about the complainant’s occupation.
No evidence can be presented regarding the complainant’s occupation.
No statements or remarks about the complainant’s occupation can be made in court by any participant, including lawyers, witnesses, or court officials.
Section 88(2): Exception Criteria
A judge may allow such information only if they are satisfied that:
The information is directly relevant to the key issues in the case.
Excluding this information would be contrary to the interests of justice.
Criminal liability will arise if such a person has frequent contact with a child (or vulnerable adult) and:
- Knows (mens rea) the victim is at risk of death, grievous bodily harm or sexual assault as a result of the acts or omissions of another person; and
- Fails (actus reus) to take reasonable steps to protect the victim from that risk.
Explain Section 195A Crimes Act 1961 in relation to what is necessary to prove criminal liability for failing to protect a child.
The Prosecution must show that:
The victim is a child or vulnerable adult.
The accused lives with the victim or is closely involved in their care.
There is a risk of death, serious injury, or sexual assault to the child or vulnerable adult.
The accused knew or should have known about the risk.
The accused failed to take reasonable steps to protect the victim.
In certain circumstances in Section 87 of the Evidence Act 2006, the Judge can ask the witness to state their address details. In what circumstances will this occur?
The judge can allow a witness to state their address only if the judge believes the address is directly important to the case and leaving it out would be unfair or harmful to justice.
What three things need to be proven in regards to attempted sexual connection?
With attempted sexual violation the Crown must prove that at the time of the Defendants conduct he:
1.Intended to have sexual connection with the complainant; AND
2.The complainant did not consent to the intended sexual connection; AND
3.The Defendant did not believe on reasonable grounds that the complainant was consenting
What are the three things the Crown must prove for consent?
1.The victim did not consent, or
2.The victim’s consent was not valid, or
3.The accused did not believe on reasonable grounds that the victim was consenting.
What are the ingredients of indecent assault?
1.An assault accompanied with circumstances of indecency.
2.The complainant did not consent to the assault; and
3.The defendant did not honestly believe the complainant was consenting.
Explain R V Leeson
R v Leeson
“The definition of ’indecent assault’ … is an assault accompanied with circumstances of indecency
