Sexual Abuse and Awareness Month
Case management:
Context and circumstances in which offending is alleged to have taken place. How should the evidential case be built and enquired? Coercion and manipulation in abusive situations to perceive what is or what is not happening. Child sexual abuse comes in different forms. Offenders may use various control elements as a tool to stop a victim from reporting sexual abuse.
Credibility or reliability of the allegation:
Focus primarily on the credibility and reliability of the child or young person. Victims may adjust their behaviour to try and prevent any further abuse. Victim's circumstance or experiences will influence their actions. Abusers may target vulnerable children such as those with learning disabilities or mental illnesses.
Case building evidence:
DNA evidence
Mobile Phone evidence
CCTV footage
Car number plate recognition
House searches
Early consideration directed or intrusive surveillance
Indecent images linked to child sex abuse: R v D, P and U [2011] EWCA Crim 1474 possession and the making of indecent images of children were admissible as a bad character in a child sex abuse trial.
Sexting: Images taken when the victim was under 18 prosecutors should consider if the criteria under Section 1 of the Protection of Children Act 1978 or Section 160 Criminal Justice Act 1988 has been committed. Section 15A Sexual Offences Act 2003 only applies to a person aged 18 or over.
Family Procedure Rules Part 12:
Practice Direction = Practice Direction 12A is a key piece of guidance for prosecutors. Sets out Public Law Proceedings Guide to Case Management. The Practice Direction sets out the stages and the timescales involved. Information of relevance to prosecutors, local authority case summary, draft case management order, timetable for the child, standard directions and disclosure.
The Timetable for the child = Court remans child focused throughout the progress and procedural steps proposed. Provide information regarding criminal proceedings, dates and events.
Practice Direction 12 G = Information communicated to third parties. Part X Rules 11.2 -11.9 of the Family Proceedings Amendment No 2 Rules 2009. Information contained within the family court including previous consistent or inconsistent statements of witnesses or defendants, evidence of similar incidents, material for bad character applications, or medical reports and medical expert's evidence. The rules permit the communication of information relating to the proceedings.
Sexual Offences Act 2003 - offences against children
Offences against children under 13 (Section 5-8)
Section 5: Rape of a child under 13
Intentional to penetrate with the penis, vagina, anus, or mouth of a child
Newton hearing = consideration given to the impact on the child and public interest
Hearing evidence on the relevant point or according to procedure R v Newton 77 Cr App R 13
Delahaye - Bryan [2015] EWCA Crim 1987
Section 6: Assault of a child under 13 by penetration
Offence to intentionally penetrate sexually the vagina or anus of a child under 13
On appropriate facts be acquitted of the offence charged and convicted in the alternative of the lesser offence of sexual assault
Indictable only offence and carries a maximum sentence of life imprisonment
Section 7: Sexual assault of a child under 13
Offence for a person to touch a child sexually
Maximum sentence of 14 years imprisonment
Section 8: Causing or inciting a child under 13 to engage in sexual activity
Intentionally to cause or incite a child under the age of 13 to engage in sexual activity
Two offences to reflect causing or inciting 1) penetrative sexual activity and 2) non-penetrative sexual activity
Covers when sexual activity does not take place
Maximum sentence of life imprisonment
Until the next Legal Thought,
Elicia Maxwell
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