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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 |
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INDECENT |
Unbecoming or offensive. Offend ordinary modesty of the average person. |
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Incapable |
So mentally impaired, incapable of understanding the nature of the act and of guarding him/herself against sexual exploitation |
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SARC |
Sexual Assault Resource Centre |
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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 |
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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 |
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PFK |
Preliminary Forensic Kit Capture early forensic evidence of victim’s of sexual assault |
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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 |
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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 |
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Child under 16 - persistent sexual conduct |
a.321A CC 3 or more occasions On a different day Prescribed offences |
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Child under 16 - persistent sexual conduct |
a.321A CC |
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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 |
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Indecent Assault - Section and Elements |
s.323 CC A person Unlawfully Indecently assaults Another person |
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Aggravated Indecent Assault - Section and Elements of offence |
a.324(1) CC A person Unlawfully Indecently assaults Another person Circumstances of aggravation |
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Sexual Penetration without consent - Section and Elements of offence |
s.325(1) CC A Person Penetrates Another person Without consent |
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Aggravated sexual Penetration without consent - Section and Elements of offence |
s.326(1) CC A person Penetrates Another person Without consent Circumstances of aggravation |
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Sexual Coercion - Section and elements of offence |
s.327(1) CC A person Compels another person To engage in sexual behaviour |
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Aggravated sexual coercion |
s.328(1) CC A person Compels another person To engage in sexual behaviour Circumstances of aggravation |
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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 |
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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 |
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Kidnapping - CC section - Elements of offence |
s.332 CC A person Deprives Another person Personal liberty |
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Deprivation of liberty - CC Section and Elements of offence |
s.333 A person Unlawfully detains Another person |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |