ASA

Question 1

Who does the ASAI policy and procedures apply to?

Answer 1

All cases where the victim is 17 yrs or older at the time of making the complaint.

Question 2

Who should investigate an ASA complaint?

Answer 2

Employee who has completed the specialist ASA investigator’s course and/or complete the CIB Selection and Induction course post Feb 2011.

Question 3

List five types of offences that would be considered a sexual assault.

Answer 3

• Sexual violation by rape or unlawful sexual connection
• Indecent assault
• any form of unwanted or coercive touching or actions of a sexual nature in circumstances of indecency
• any sexual abuse or exploitation by way of coercion, deceit, power of authority or mistaken belief
• incest

Question 4

Who should interview ASA victims?

Answer 4

Person who has completed L3 specialist adult witness training

Question 5

Explain the types of ASA complaints in terms of when they are reported.

Answer 5

Acute - within 7 days of assault
Non-acute - 7 days to 6 mths
Historic - more than 6 mths

Question 6

Who can provide appropriate sexual assault support?

Answer 6

• specially trained group or agency
• where no such group, trained sexual assault counsellor
• also other people such as family, whanau etc.

Question 7

What types of questions should be asked during the preliminary interview?

Answer 7

• TEDS
• What, When, Where, Who
• Not Why or How

Question 8

What is the first step after the preliminary interview?

Answer 8

Re-assess the investigation so far. What further investigative procedures are necessary including:
• public safety and the likelihood of similar or connected further offending
• the need to secure and preserve fragile or diminishing evidence
• securing/containing scene
• identifying/locating witnesses
• identification and/or apprehension of suspect.

Question 9

After the preliminary interview and reassessment of the investigation, what further steps come next?

Answer 9

• consider photography of victim for evidential purposes
• consider clothing for examination
• advise of specialist support services

Question 10

What sort of information should be given to victim regarding the Police investigation process and its timing?

Answer 10

• initial actions (eg. scene examination)
• medical/forensic exam
• formal interview process
• exhibits
• court process

Question 11

What are the goals of a medical forensic examination?

Answer 11

Primary - victim’s physical, sexual and mental health

Secondary - opportunity to collect evidence

Question 12

When contacting the medical forensic practitioner, what info should you give them?

Answer 12

• advise the age and gender of the victim as this may impact on the suitability of the practitioner
• advise when the sexual assault was believed to have occurred
• give a very brief outline of the information known so far, including whether drugs may be involved and details of the victim’s injuries, level of intoxication or other known health concerns
• if relevant, discuss the victim’s wishes about gender of the examining practitioner
• when necessary, discuss whether a child’s sexual assault complaint should be investigated using the adult sexual assault procedures (or vice versa).

Question 13

Give 4 examples of things to take to a medical exam.

Answer 13

• toxicology kit
• change of clothing for victim
• medical examination kit
• relevant information notes

Question 14

In the debrief with the medical practitioner, list 5 topics that need to be covered.

Answer 14

• immediate needs of victim
• summary of exhibits and possible significance
• forensic items for ESR
• injuries that need to be photographed
• significant disclosures made by victim during exam

Question 15

Outline what the Evidence Act 2006 says about the evidence of sexual experience of complainants.

Answer 15

s44, Evidence Act 2006

• no evidence can be given and no question put to witness relating to sexual experience of complainant with anyone other than defendant, except with permission of Judge.
• no evidence given, no question put to witness relating to reputation of complainant

Question 16

How does the Evidence Act 2006 define a sexual case?

Answer 16

s4

(a) an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
(b) any other offence against the person of a sexual nature

Question 17

What does the Evidence Act 2006 say about disclosure of witness’s precise address and complainant’s occupation in sexual cases?

Answer 17

s87
Precise details of witness’s address may not be subject of any question to witness, included in evidence given, statement, remark…unless Judge permits.

s88
Same as above regarding occupation

Question 18

List nine people who may be present in court when oral evidence is taken from complainant in sexual case.

Answer 18

(a) Judge
(b) prosecutor
(c) defendant
(d) any lawyer
(e) officer of the court
(f) Police employee in charge of the case
(g) media
(h) any person whose presence is requested by the complainant
(i) any person expressly permitted by the Judge to be present