Short Answers Flashcards
Define Sexual Connection
a) Connection effected by the introduction into the genitals or anus of one person, except for genuine medical purposes
i) any part of the body of another person, or
ii) any object held or manipulated
b) Any connection between the mouth or tongue of one person and any part of the genitals or anus.
c) The continuation of any act described in paragraphs a or b.
Define Unlawful Sexual Connection
Person A has unlawful sexual connection with Person B, if Person A has sexual connection with Person B;
i) Without Person B’s consent to the connection
ii) Without believing on reasonable grounds Person B was consenting to the connection
What is the defence under Section 134?
- Prior to the act, they had taken reasonable steps to ascertain the young person was at least 16, and
- At the time of the act, they believed on reasonable grounds the young person was at least 16, and
- The young person consented
Can a 16 year old female be charged with having sexual intercourse with a 14 year old male?
Yes
Name 3 circumstances where Police would remove a child from a household?
In cases involving:
- Serious neglect
- Serious physical abuse
- Sexual assault
- Witness to a serious assault
Section 195 of the Crimes Act 1961, what is necessary to prove criminal liability in failing to protect a child?
- The offence applies to members of the same household as the victim.
- The offender must be 18 years or over.
- Knows the victim is at risk of death, GBH or sexual assaults as a result of unlawful acts by another person.
- Fails to take reasonable steps to protect the victim from the risk.
In what other ways can a witness give evidence?
- Screens, in the courtroom but unable to see the defendant.
- AVL, from a place outside the courtroom by video link.
- DVD, by a video record made before the hearing.
Before attending a medical examination, what should you explain to the victim?
- The examination is conducted many a medical forensic practitioner, specially trained in examining victims of sexual assault.
- The benefits to their physical, sexual and mental health.
- How the examination can assist Police to apprehend the offender.
- The time frame of the examination.
What are three areas to consider in determining whether physical abuse is serious and there meets the threshold for referral as a CPP case?
- The action
- The injury
- The circumstances
Define consent
Consent is a persons conscious and voluntary agreement to do something desired by another.
R v LEESON
The definition of indecent assault is an assault accompanied with circumstances of indecency.
When is the offence of sexual grooming complete?
- When the offender intentionally meets the young person.
- When the offender travels with intention of meeting the young person.
- When the offender arranges for or persuades the young person to travel with the intention of meeting him or her.
Section 128A, the following circumstances do not constitute consent:
- Not offering physical resistance, due to use of force, threat of force or fear of force.
- Asleep or unconscious.
- Affected by drugs or alcohol.
- Mental or physical impairment.
- Mistaken ID.
- Mistaken of the nature and quality of the act.
Before attending a MEK, what should you remind the victim?
- No eating or drinking
- No going to the toilet
- No washing or showering
- No washing or biting fingernails
In certain circumstances Section 87 the judge can ask the witness to state their address details. In what circumstances will this occur?
If the judge determines that they are directly relevant to the facts in issue and that to exclude them would be contrary to the interest of justice.
When is the offence of having exploitive sexual connection with a person with a significant impairment complete?
a) Has sexual connection with the impaired person knowing the impaired person is a person with a significant impairment.
b) Has obtained the impaired persons acquiescence in, submission to. participation in or undertaking of the connection by taking advantage of the impairment.
What is the abbreviation CALM TEA?
- CONDUCT your dealings in a sensitive manner.
- ACCEPT they are telling the truth unless there is evidence too the contrary.
- LISTEN to what they tell you.
- Establish wether they need MEDICAL attention.
- TREAT them courteously.
- EXPLAIN the process and why you need to follow it.
- ADVISE them of local counselling services available.
Outline what is included as serious child abuse:
In cases involving, but not limited to:
- Sexual abuse
- Serious Wilful neglect
- Serious physical abuse
- Serious family violence where the child is a witness
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?
1) The action of the abuse
2) The injury inflicted
3) The circumstances (factors of the case)
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?
1) The action of the abuse
2) The injury inflicted
3) The circumstances (factors of the case)
What does Section 128B Crimes Act 1961 outline?
It states that 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?
1) Age / Maturity of the Witness
2) Trauma suffered by the Witness
3) Witness fear of intimidation
4) Physical, intellectual, psychological, psychiatric impairment of the victim
5) Linguistic, cultural or religious background of the witness
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.
Section 88 (Restriction on disclosure of complainant’s occupation in sexual cases) of the Evidence Act 2006
protects a complainant from having questions put to them or to a witness about the complainant’s occupation, or having evidence given, or statements/remarks made about the complainant’s occupation.
However, an application can be made to the judge to disclose this information in court.
