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28 Cards in this Set

  • Front
  • Back

CONSENT

freely and voluntarily given. Not obtained by threat, force, intimidation or any fraudulent means

INDECENT

Unbecoming or offensive. Offend ordinary modesty of the average person.

Incapable

So mentally impaired, incapable of understanding the nature of the act and of guarding him/herself against sexual exploitation

SARC

Sexual Assault Resource Centre

What does SARC do?

Provide free crisis services to people who have experienced recent sexual assault in the last two weeks and counseling for sexual assault/abuse experienced recently or in the past. Ages 13 and above

What does SARC do?

Provide crisis services to people who have experienced recent sexual assault in the last two weeks and counseling for sexual assault/abuse experienced recently or in the past. Ages 13 and above

PFK

Preliminary Forensic Kit


Capture early forensic evidence of victim’s of sexual assault

Child under age of 13 - What is the CC section describe each subsection

s.320 CC


s.320(2) CC - Sex Pen


s.320(3) CC - Procure/Incite/Encourage sexual behaviour


s.320(4) CC - Indecently deals


s.320(5) CC - procure/incite/encourage indecent act


s.320(6) CC - indecently records

Child of or over 13 years and under 16 years - What is section? Explain each subsection

s.321 CC


s.321(2) CC - Sex Pen


s.321(3) CC - Procure/Incite/Encourage sexual behaviour


s.321(4) CC - Indecently deals


s.321(5) CC - procure/incite/encourage indecent act


s.321(6) CC - indecently records

Child under 16 - persistent sexual conduct

a.321A CC


3 or more occasions


On a different day


Prescribed offences

Child under 16 - persistent sexual conduct

a.321A CC

Sexual offences against child of or over 16 by a person in authority

s.322 CC


s.322(2) CC - Sex Pen


s.322(3) CC - Procure/Incite/Encourage sexual behaviour


s.322(4) CC - Indecently deals


s.322(5) CC - procure/incite/encourage indecent act


s.322(6) CC - indecently records

Indecent Assault - Section and Elements

s.323 CC


A person


Unlawfully


Indecently assaults


Another person

Aggravated Indecent Assault - Section and Elements of offence

a.324(1) CC


A person


Unlawfully


Indecently assaults


Another person


Circumstances of aggravation

Sexual Penetration without consent - Section and Elements of offence

s.325(1) CC


A Person


Penetrates


Another person


Without consent

Aggravated sexual Penetration without consent - Section and Elements of offence

s.326(1) CC


A person


Penetrates


Another person


Without consent


Circumstances of aggravation

Sexual Coercion - Section and elements of offence

s.327(1) CC


A person


Compels another person


To engage in sexual behaviour

Aggravated sexual coercion

s.328(1) CC


A person


Compels another person


To engage in sexual behaviour


Circumstances of aggravation

Sexual offences by relatives and the like - CC section - Explain subsections

s.329 CC


s.329 (1) CC - Defacto/Lineal


s.329 (2) CC - Sex Pen


s.329 (3) CC - Procure/Incite/Encourage sexual behaviour


s.329 (4) CC - Indecently deals


s.329 (5) CC - procure/incite/encourage indecent act


s.329 (6) CC - indecently records

Sexual offences against incapable person - CC Section - Explain subsections

s.330 CC


s.330 (2) CC - Sex Pen


s.330 (3) CC - Procure/Incite/Encourage sexual behaviour


s.330 (4) CC - Indecently deals


s.330 (5) CC - procure/incite/encourage indecent act


s.330 (6) CC - indecently records

Kidnapping - CC section - Elements of offence

s.332 CC


A person


Deprives


Another person


Personal liberty

Deprivation of liberty - CC Section and Elements of offence

s.333


A person


Unlawfully detains


Another person

Suffocation and Strangulation - CC Section and Elements of offence

s.298 CC


A person


Unlawfully


Impedes


Another person


Normal breathing, blood circulation


Blocking mouth/applying pressure

Suffocation and Strangulation - CC Section and Elements of offence

s.298 CC


A person


Unlawfully


Impedes


Another person


Normal breathing, blood circulation


Blocking mouth/applying pressure

Persistent Family Violence - CC Section - Elements

s.300(1) CC


A Person persistently engages in family violence when:



s.299 (5)(c)


They do an act


on 3 or more occasions


On a different day


Period not exceeding 10 years


Same person


Must be prescribed offences

What are the circumstances of aggravation. Quote the Legislation

s.319(1)(a)


(i) armed or pretends to be armed


(ii) in company with another


(iii) does bodily harm


(iv) does an act to degrade or humiliate


(v) threatens to kill


(b) child of or over 13 years of age and under 16 years

Longman Warning

Judge gives warning to jury - substantial delay between alleged offence and time of complaint, dangerous to rely solely on uncorroborated testimony of complainant.

Early complaint evidence

Exception to the rule against hearsay evidence.


May be given in evidence provided it was made at the first opportunity after offence committed, does not mean first person victim meets after offence