Sexual Offences Flashcards

Question

What is the meaning of consent, definded under the Crimes Act?

Answer 1

A person ‘consents’ to sexual activity if the person freely and voluntarily agrees to the sexual activity | **S. 61HE (2)**

Answer 2

**Trier of Fact** must have regard to **all circumstances** of the case including: - **Steps taken** by person to ascertain consent - Not including any self induced intoxication of person (accused) | **S. 61HE(4)**

Answer 3

**Negation of consent**: A person does not consent to sexual activity if: (**COUT**) **a)** They don’t have **capacity** to consent including age **b)** If they don’t have **opportunity** to consent (asleep) **c)** They consent because of **threats of force or terror** (to anyone) **d)** They consent because they’re **unlawfully detained**

Answer 4

**A person who consents under any of the following mistaken beliefs** does not consent to the sexual activity: - Mistaken identity - Mistaken belief that other person is married to the person - Mistaken belief that sexual activity is for health or hygenic purposes - Any or other mistaken belief about nature of activity by fraudulent means

Answer 5

The **grounds** which it may be established that a person does not consent to a sexual activity **include**: - If they consent while substantially **intoxicated** - If they consent because of **intimidation or coercive conduct or threat** - If they consent because of the **abuse of position of authority or trust**

Answer 6

A person who does **not offer physical resistance is not, by reason only of that fact**, to be regarded as consenting to the sexual activity.

Answer 7

In this specific situation, the wife was unable to yell for help, locked and confined in a small room with no ability to escape, was unable to breath when choked.

Answer 8

* Assess victims safety, especially if affected by drugs/alcohol * Assess victims medical meeds (ambulance required?) * If ambulance is not required, take to private area * Be supportive and respectful - Don’t leave them alone - Tell them what is happening - Inform them of options - Inform of sexual assault services * Identify crime scene (primary/secondary) and forensic evidence/exhibits * Notify DO * Assess need for SAIK (ensure victim does not smoke, drinks, eat etc.) * Record info in notebook (vic details, exact works used, time date loc, descriptions etc)

Answer 9

* Liaise with initial response officer/DO/IM * Ensure victim is aware of: - Availability and purpose of SAIK - Sexual assault services - Role of police (need for detailed statement) - Support person - Likelihood to give evidence - Offenders may be charged/arrested/interviewed - AVO/bail conditions * Conduct timely, thorough investigation * Keep victim informed

Answer 10

* Assess victims safety and need for medical assistance/ambulance * Take victim to a private area, consider a police station * Be respectful, inform the victim of the process, services available, role of police, SAIK, don’t leave alone, support person etc. * Record details in notebook: time, date, location, actual words used, descriptions, forensic evidence, friends/witness details * Broadcast description of POI/VOI * Notify supervisor/DO * Assess need for SAIK (tell vic not to eat, drink, smoke etc) * Ensure vic is aware of purpose of SAIK, sex ass services, role of police * Consider AVO * Conduct investigation * Continue for specific scenario * SAIK is priority, arrange for victim to attend hospital * Seize or arrange to have seized victims clothing. Arrange change of clothes * Detailed victim statement * Statements from witnesses * Attempt to locate vehicle. When located, vehicle is to be considered a crime scene * Crime scene examination and powers * Canvass for further CCTV and witnesses * Arrest/charge/interview offenders * Forensic procedure * Consider other investigative strategies. E.g. Telephone interface (SD) * If CCTV located, disseminate, book into EFIMS, use photo track/facial recognition to identify offender * Consider photo board/lineup

Answer 11

* Immediately ensure their safety. Provide comfort and support. * Assess medical needs. Arrange urgent medical attention if required. * If not, take to private area. Be respectful. Inform of process. * Ascertain from mother (away from child) details and what has led to her child being sexually assaulted. * Record details, offender details/description, time, date, loc of offence * If not recent: - Create event, report to FACS - Consider AVO - Liaise with CAS * Only speak to child if absolutely necessary **If recent:** - Immediately notify DO/IM - Call and inform CAS - Create event and call FACS - Liaise with CAS - SAIK if within 7 days - Seize childs clothing - Identify location – consider crime scene/search warrant - Liaise with sexual assault services - Statement from child needs to be video statement by trained officer - Statement from mother - Continue investigation

Answer 12

* Aggravated sexual assault – 61J Crimes Act (Threats of ABH, Corporal violence, deprive of liberty) * Intentionally choke with recklessness – S. 37 Crimes Act (Does not need to lose consciousness to charge) - If a person intentionally chokes, suffocates or strangles another person without consent (5 yrs) - - 10 yrs if renders the person unconscious or incapable of resistence

Answer 13

* If victim wishes to speak to male/female officer * Location and timing of interview. Ensure it is in private area. * Victims privacy is safeguarded * Cultural background, do they require a support person? * Consideration of protection orders (AVO/PVO etc) * Counselling referral and other services * Inform of process and keep updated

Sexual Offences Flashcards

(37 cards)