SEXUAL OFFENCES EVIDENCE Flashcards Preview

DDC > SEXUAL OFFENCES EVIDENCE > Flashcards

Flashcards in SEXUAL OFFENCES EVIDENCE Deck (13):
1

RE s44 Evidence Act 2006 what is the primary consideration?

Protects the victims character

Evidence presented is strictly limited to what is RELEVANT to the case

Not unfairly prejudicial

Cannot ask questions about
- SEXUAL experiences with persons other than the defendant

- the reputation of the complainant in SEXUAL matters

2

s87 Evidence Act 2006?

Privacy as to witnesses precise address

3

s88 Evidence Act 2006?

Restriction on disclosure of complaints occupation in SEXUAL cases

4

s121 Evidence Act 2006

In any criminal proceeding the complaints evidence does not need to be corroborated

This is important in SEXUAL offending cases as there is not often an independent witness

5

Although corroborating evidence undoubtedly strengthens the case for the prosecution, it's absence does not make conviction impossible

It can also help to establish certain key points. A bruise is capable of confirming that intercourse was non-consensual where the issue is not one of identity but whether non-consensual intercourse took place

Case law

R v Felisse

6

s90 criminal Proceedures Act 2011

Application for oral evidence

7

s97 Criminal Proceedures Act 2011

Person's who may be present if oral evidence is take from victim

JP DR LOOM

Judge
Prosecutor
Defendant
Requested person by victim
Lawyer
O/C
Officer of the court
Media

8

s35 Criminal Proceedures Act 2011

Previous consistent statement rule

9

What is the 12 key process

INITIAL ACTION

Case referral to ASA/CIB

Prelim int by ASA/CIB

Provide specialist support

Information/feedback to victim

Medical exam asap - especially in acute cases

Formal int with victim

Investigation and evidence assessment

Resolution options

Prosecution

Final actions/ record keeping

Preventative opportunities

10

s103 to 105 Evidence Act 2006

Evidence can be admitted by alternative means

VRI/CCTV

Crown must apply to use alternative means and this must be explained to victim

11

What are the 4 musts re victims

Must be treated with dignity and respect

Wellness and safety of paramount consideration

Must be referred to specialist SEXUAL assault support services

Must be given regular updates re status of investigation and court proceedings

12

Matters that do not constitute consent

AUDI INN

Application/ threat/fear of force used to self or others

Unconscious/asleep

Affected by DRUGS/alcohol

Impaired mentally/physically they cannot consent

I.D mistaken

Not protesting/resisting

Nature/quality of act has be mistaken

13

What is the three STEP process of reasonable grounds?

STEP 1 - SUBJECTIVE test - absence of consent
What was victims thought at the time

Step 2 - SUBJECTIVE test - belief in consent
If she was not consenting did the offender believe she was consenting? What was the offenders thoughts at the time

Step 3 - objective test - reasonable grounds for belief in consent
If offender believes victim is consenting was it reasonable in the circumstances