Sexual Assault

Question 1

S. 61N CA – Act of Indecency:

Answer 1

• The accused
• Committed an act of indecency
• With or towards another person

– An underlying sexual theme, usually associated with
masturbation.
– Does not matter if genitalia exposed. A person could grab
their penis and say “suck on this!
– Reasonable person would view as contrary to community
standards or decency.

Question 2

S. 61L CA – Indecent Assault:

Answer 2

• The accused
• Assaults the victim, and
• At the time of the assault, immediately before or after.
• Commits an act of indecency on or in the presence of the
victim.

– No pain or injuries required to prove the offence of common assault or indecent assault.

Question 3

S. 61H CA – Sexual Intercourse:

Answer 3

• Penetration by any:
o part of the body or
o an object (except for medical procedures)
• Fellatio – (penis into mouth).
• Cunnilingus (tongue/lips to vagina).
• Any continuation of the above
– Sexual gratification is NOT relevant.
– Saying “no” = sexual assault.

Question 4

S. 61HA CA – Meaning of Consent:

Answer 4

A person consents if the person freely and voluntarily agrees to sexual intercourse.

Question 5

Legal Age of Consent:

Answer 5

Pursuant to s. 66C CA, the age of consent is 16 years or older.

Pursuant to s. 73 CA, the age of consent for someone under
‘special care’ is 18 years or older.

Question 6

Circumstances When Consent is Negated (A MAD FAT CAT):

Answer 6

• Asleep or unconscious.
• Medical purposes.
• Age or cognitive incapacity.
• Detained unlawfully.
• Force or terror threats of.
• Alcohol or any drug while substantially intoxicated.
• Thought it was a different person (eg: twins).
• Coercive conduct or intimidation.
• Authority or trust is abused (someone in Position authority).
• Thought they were married to the person.

Question 7

S. 61I CA – Sexual Assault:

Answer 7

• The accused
• Had sexual intercourse with another person, and
• That sexual intercourse occurred without the consent of the other person, and
• The accused knew or was reckless to the lack of consent of the person.

Question 8

S. 61J CA – Circumstances of Aggravation – Sexual Assault (AVOCADO DC):

Answer 8

A – Authority of alleged offender (teacher, police officer etc..)
V – Victim under 16
O – Offensive weapon used to make threats of ABH
C – Company of another
A – ABH is inflicted
D – Disability of a serious physical nature
O – Offence of a serious indictable nature intended during a Break and Enter
D – Deprivation of liberty
C – Cognitive impairment

Question 9

Responsibilities of First Responder – Sexual Assault.

Answer 9

(DRS SPINE)
D – Duty officer – notify the duty officer immediately.
R – Respect – supportive and dignity for the victim.
S – Safety – assess the immediate safety of the victim.
S – Sexual Assault Investigation Kit (SAIK) – if applicable ensure it is performed.
P – Privacy of the victim.
I – Identity of the offender – establish based on what the victim is saying.
N – Notebook – recording details, noting observations of crime scene and victim.
E – Eat/drink/wash – Tell the victim not to do these things.