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Flashcards in General Questions Deck (22)
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1
Q

Before conducting a medical forensic examination, what should be explained to the victim?

A

That the examination:

  • will be conducted by a medical forensic practitioner specially trained in examining individuals who have been sexually assaulted
  • has potential health benefits and can help Police obtain evidence to apprehend the offender

​Expected duration (couple of hrs) and possible outcomes

2
Q

In an ASA investigation, what is the purpose of the preliminary interview?

A

To gain a better understanding of what has happened and determine:
what further investigative actions are necessary
whether an offence may have occurred
whether the victim wishes to make a formal complaint

3
Q

What are the important points to remember regarding the questioning of a child?

A

If child has made clear disclosure and adult can provide info, DO NOT ask child again.
If unclear what child has said AND no urgent safety issues, DO NOT question further.
If necessary to speak to ascertain safety, ask open ended questions. If becomes clear offence has been committed during questioning, DO NOT question further.

4
Q

What are the 3 key areas to determining seriousness of abuse?

A

The action of the abuse
The injury inflicted
The circumstances

5
Q

What are the goals of a medical forensic examination?

A

Primary - victim’s physical, sexual and mental health

Secondary - opportunity to collect evidence

6
Q

What types of questions should be asked during the preliminary interview of an adult sexual assault victim?

A
  • TEDS
  • What, When, Where, Who
  • Not Why or How
7
Q

What 6 topics should be considered when completing IJIP?

A
safety of child
joint visits 
initial interview of child 
child forensic interview, interview of alleged offender and others 
collection of forensic evidence 
referral to medical practitioner
8
Q

What is required to prove the mens rea element of Assault with Intent to Commit Sexual Violation?

A

At the time of the defendant’s conduct he

  • intended to have sexual connection with the complainant, AND
  • the complainant did not consent to the intended sexual connection, AND
  • the defendant did not believe on reasonable grounds that the complainant was consenting
9
Q

Explain s132(5)

A

It is not a defence to a charge of sexual conduct with a child that the offender believed the complainant was 12 years of age or over.

10
Q

What are the statutory defences listed in 134(4) and (5)?

A

(4) Married to the young person

(5) The young person cannot be charged as a party to the offence if the offender was 16 yrs or over at the time

11
Q

What does the defendant need to prove for a statutory defence to a charge under Crimes Act 1961, Section 134A?

A
  • 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.
12
Q

What must be proved for a charge of indecent assault?

A
  • ​defendant intentionally assaulted complainant
  • circumstances accompanying assualt were indecent
  • defendent intended conduct that a reasonable person would find indecent
13
Q

Incest

A

Incest
s130, CA 1961
(1) Sexual connection is incest if
(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild, AND
(b) the person charged knows of the relationship

14
Q

How is dependent family member defined in s131A(1)(a)?

A

(a) if the other person has power or authority over him or her, and is
(i) his or her parent, step-parent, foster parent, guardian, uncle or aunt; or
(ii) a parent, step-parent, or foster parent of a person described in subparagraph (i); or
(iii) a child of his or her parent or step-parent; or
(iv) the spouse or de factor partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii)

15
Q

How is dependent family member defined in s131A(1)(b)?

A

if they are members of the same family, whanau, or other culturally recognized family group, and the other person

(i) is not a person referred to in paragraph (a); but
(ii) has a responsibility for, or significant role in, his or her care or upbringing

16
Q

How is dependent family member defined in s131A(1)(c)?

A

if he or she is living with the other person as a member of the other person’s family, and the other person is not a person referred to in paragraph (a), but has

(i) power or authority over him or her, and
(ii) a responsibility for, or significant role in, his or her care or upbringing.

17
Q

Section 131B covers Meeting young person following sexual grooming etc. When is this offence complete?

A

When the parties meet OR the defendant travels OR makes arrangements to meet the complainant WITH the relevant intent.

18
Q

Summarise s44(1) and (2), Evidence Act 2006 in relation to questions that can be put to the witness.

A

In a sexual case, no evidence or questions can be put to the complainant about their sexual experience with any person other than the defendant or about their reputation in sexual matters, except with the Judge’s permission.

19
Q

Summarise s88, Evidence Act 2006.

A

In sexual cases, protects the complainant from having questions put to them or to a witness about their occupation, or having evidence given or statements/remarks made about their occupation…except with the Judge’s permission.

20
Q

Matters that do not consitute consent

A
  • Not protesting or offering physical resistance to the use of force
  • Application of force to self or others, threats of force to self or others, or fear of force to self or others
  • Asleep or unconscious
  • So affected by drugs/alcohol they cannot consent
  • So affected by mental or physical impairment they cannot consent
  • Mistaken Identity
  • Mistaken as to the nature and quality of the act
21
Q

Reasonable grounds (Is a three-step process)

A

Subjective test - Step one - Absences of consent
What was the complainant think at the time? Was she consenting?

Subjective Test - Step two - Belief in consent
If s/he was not consenting did the offender believe the complainant was consenting? Ie what was the offending thinking at the time

Objective Test - Step three - Reasonable grounds for belief
If the offender believed the complainant was consenting, was that belief reasonable in the circumstances. Ie what would a reasonable person have believed if placed in the same position as the defendant?

22
Q

Guardian meaning

A

Means guardian by virtue of the Guardianship act 1968