Sexual Offenses

Question 1

Sexual violation by Rape

Answer 1

Section 128(1)(a)

• A person
• Rapes
• Another person

Question 2

Sexual Violation by Unlawful sexual connection

Answer 2

Section 128(1)(b)

• A person
• Has unlawful sexual connection
• Another person

Question 3

Sexual conduct with a child under 12

Answer 3

Section 132(3)

• A person
• Does an indecent act on a child

Question 4

Sexual conduct with a young person under 16

1

Answer 4

Section 134(1)

• A person
• Has sexual connection with a young person

Question 5

Sexual conduct with a young person under 16

3

Answer 5

Section 134(3)

• A person
• Does an indecent act on a young person

Question 6

Genitalia

Answer 6

Includes a surgically constructed or reconstructed organ analogous to naturally occurring Male or female genitalia (whether the person concerned is Male, female, or of indeterminate sex).

Question 7

R v Koroheke

Answer 7

The genitalia comprise the reproductive organs, interior and exterior they include the vulva and the labia, both interior and exterior; at the opening of the vagina.

Question 8

Penis

Answer 8

Includes a surgically constructed or reconstructed organ analogous to a naturally occurring penis (whether the person concerned is Male, female or of indeterminate sex).

Question 9

Who do the ASA Policy and Procedures Apply to?

Answer 9

Adult- a person aged 18 years or older at the time of reporting a sexual assault.

The age at the time they are making the complaint not when it happened.

Question 10

Before conducting medical forensic examination

Answer 10

• Contact on call practitioner to arrange a time for examination. Advise of known information
• Give very brief outline of the information known so far, including brief circumstances including when the sexual assault is believed to have occurred
• Whether drug/alcohol may be involved
• Details of the victims gender, age, injures or other known health concerns

Question 11

Complaint types:

Answer 11

Acute: within 7 days of the offence

Non Acute: seven days to 6 months of the offence

Historic: longer than 6 months

Question 12

Child Protection Policy

Answer 12

Victim is under the age of 18 years at the time of reporting.

Question 13

Criteria for CPP

Answer 13

Sexual abuse
Physical abuse
Neglect

Question 14

Sexual abuse of a child includes

Answer 14

Indecency
Sexual violation
Making sexual images

Question 15

Physical abuse threshold

Answer 15

The action (of the abuse)
The injury inflicted (outcome or result)
The circumstances (factors in the case)

Question 16

Any actions that meet the threshold even if they only happen once…

Answer 16

Blow or kick to the head
Shaking of an infant
Strangulation 
Use of a weapon 
Attempted drowning

Question 17

Any injuries that meet the threshold even if they only happen once…

Answer 17

• A bone fracture
• Burn
• Concussion or loss of consciousness
• Any injury that requires medical attention
• Any bruising or abrasion when the child is very young and/or it is unlikely to be caused by play or another child or accident

Question 18

Other considerations in conjunction with other actions and injuries

Answer 18

• the vulnerability of the child. Age,disability
• more than one offender
• history of abuse
• high degree of violence
• the offenders history
• location of the incident
• nature and level of concern from the notifier

Question 19

Neglect is when…

Answer 19

A person intentionally ill-treats or neglects a child or causes or permits the child to be ill-treated in a manner likely to cause actual bodily harm, injury to health or mental disorder or disability.

Question 20

Serious neglect examples

Answer 20

• not providing adequate food, shelter or clothing
• not protecting a child from physical harm or danger
• not accessing appropriate medical treatment or care
• allowing a child to be exposed to the illicit drug manufacturing process
• allowing a child to be exposed to an environment where volatile, toxic or flammable chemicals have been used or stored.

Question 21

Initial steps

Answer 21

1. Referral - information sharing between OT and Police
2. Consultation - discussion at appropriate levels
3. Agreement - agreeing upon an initial action in an Initial Joint Investigation Plan (IJIP)

Question 22

IJIP considerations…

Initial Joint Investigation Plan

Answer 22

• immediate safety of child and any other children
• if a joint visit is required
• the management of the initial interview of the child.
• referral to medical practitioner and authority to do so.
• collection of physical evidence (e.g photos)

Question 23

Questioning a Child

Answer 23

• If the child has made a clear disclosure to an adult and that adult can give you the information DO NOT question the child.
• If it is unclear what the child has said and there are no urgent safety issues DO NOT question further.
• DO NOT continue to question a child if it becomes clear while speaking to them that an offence has occurred
• If absolutely necessary to ascertain safety, ask open ended questions.

Question 24

How to make an OT referral

Answer 24

• CPP form that’s emailed to OT
• phone 0508 FAMILY then a CPP form
• through a Family Harm report.

Question 25

CPP categories

Answer 25

* Critical-24h- no safety or care identified. Serious harm concerns, requires immediate involvement. * Very urgent-48h- at risk of serious harm but has some protective factors present for the next 48h. * Urgent-7days - at risk of harm or neglect. Options for safety and support have been explored but remain unmet.

Question 26

Sexual violation by Rape requires ...

Answer 26

Penetration by the penis into the complainant's genitalia. It must be intentional and includes continuation of the act. No consent given for penetration and without the defendant believing on reasonable grounds that the complaint was consenting.

Question 27

Sexual violation by unlawful sexual connection can occur in...

Answer 27

Three different ways. * penetration of the complainant's genitalia or anus * connection between the defendant's mouth or tongue and the complainant's genitalia or anus * connection between the complainant's mouth or tongue and the defendant's genitalia or anus.

Question 28

Anus does not have a defintion but

Answer 28

Is not included in the defintion of genitalia and therefore non-consensual penile penetration of the anus is not rape it is "sexual violation by unlawful sexual connection".

Question 29

Continuation

Answer 29

This is capturing situations where sexual activity is commenced consensually, but consent is later withdrawn.

Question 30

Consent defintion

Answer 30

A person's conscience and voluntary agreement to something desired or proposed by another.

Question 31

R v Cox

Answer 31

Consent Case Law: Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgment

Question 32

Consent | Subjective test

Answer 32

What was the complaint thinking at the time?

Question 33

Consent | Objective Test

Answer 33

What would a reasonable person have believed in the same position as the defendant?

Question 34

R v Gutuama

Answer 34

Under the objective test the Crown must prove that no reasonable person in the accused shoes could have thought that the complainant was consenting.

Question 35

``` Section 128A(1) Crimes Act 1961 ```

Answer 35

Allowing sexual activity does not amount to consent if... | A person doesn't protest or offer physical resistance

Question 36

``` Section 128A(2) Crimes Act 2961 ```

Answer 36

Allowing sexual activity does not amount to consent if... * He or she allows the activity because of force applied or * The threat of force * the fear of the application of force

Question 37

Section 128A(3)

Answer 37

Allowing sexual activity does not amount to consent if... | They are asleep or unconscious

Question 38

``` Section 128A(4) Crimes Act 1961 ```

Answer 38

Allowing sexual activity does not amount to consent if... | They are so affected by alcohol or drugs that he/she can not consent or refuse to consent

Question 39

``` Section 128A(5) Crimes Act 1961 ```

Answer 39

Allowing sexual activity does not amount to consent if... He she is affected by an intellectual, mental or physical condition or impairment of such a degree that he or she cannot consent or refuse to consent

Question 40

``` Section 128A(6) Crimes Act 1961 ```

Answer 40

Allowing sexual activity does not amount to consent if... | He or she is is mistaken about who the other person is.

Question 41

``` Section 128A(7) Crimes Act 1961 ```

Answer 41

Allowing sexual activity does not amount to consent if... | He or she is mistaken about its nature and quality

Question 42

``` Section 128(2) Rape defintion ```

Answer 42

Person A rapes person B if person A has sexual connection with person B's genitalia by person A's penis- (a) without person B's consent (b) without believing on reasonable grounds that person B consents.

Question 43

S134A | Defence to charge summarised

Answer 43

* they had taken reasonable steps to ascertain that the young person was at least 16 and * they believed on reasonable grounds that the young person was at least 16 and * the young person consented