SEXUAL ASSAULT INVESTIGATIONS FINAL EXAM 2023

Under section 265(3) CC there are four conditions under which no consent is obtained even though a complainant submits or does not resist to force being used against them. Provide two of those conditions.

Under section 273.1(2) CC there are five conditions under which no consent is obtained for sexual activity. Provide three of those conditions.

What is the definition of a “young person” under section 153(2) CC (sexual exploitation)?

Describe the conditions under which an offender can use the defense of consent for sexual activity with a 12 or 13 year old complainant.

Sexual assault is an assault committed in circumstances if the indignity is such that the sexual __________________________ of the victim is violated

he age of consent for sexual activity is ___________________________ years.

Consent is a defence to sexual activity with a 14 or 15 year old complainant under what conditions?

A 12 or 13 year old who is not in a position of trust or authority, a relationship of dependency or exploitative relationship, commits a criminal sexual offence on an 11 year old. What charge(s) would apply?

Consent is based on the complainant’s ____________________________________state of mind and it need not be conveyed to the accused.

For an accused to raise the defense of Mistake of Age under section 150.1(6) CC, the accused must take reasonable steps to ascertain the age of the complainant. Name three steps/considerations that the courts have indicated would be reasonable?

Mistaken belief in consent cannot be relied upon if it arose from self- induced _________________________ or recklessness or __________________________________ blindness.

Are sexual interference and invitation to sexual touching general intent offences or specific intent offences? Explain your answer.

Three offenders are involved in committing a sexual assault two of the offenders commit the assault while the third offender stands guard and ensures no on assists the victim. What charges, if any, would you lay against the third offender? Explain your answer

Is corroboration required where an accused is charged with a sexual offence against a person under 14 years of age?

Bonus: Provide the day month and year when this was amended?

Name three types of records that would be considered third party records.

What rule is the Khan principle an exception to?

What three criteria must be present for the complainant to be questioned about their past sexual history by the defence?

The Crown has private records (third party records) of a complainant/witness in their possession; under what two circumstances can the Crown disclose those records to the defence?

Under section 715.1 CC in order for a child’s videotaped statement to be used in court what condition must apply?

What are the three roles of the Major Case Management Command Triangle?

Under the Ontario Major Case Management manual the definition of a historical sexual offence is?

You are the lead investigator of a sexual assault complaint. You have identified and arrested your suspect during the first week of your investigation. In reviewing completed tasks, you learn of a similar incident in a neighbouring jurisdiction and contact the lead of that investigation. After sharing details of your cases you believe the same person to be responsible for both incidents. This is now a threshold offence. Explain why?

It’s Christmas break in your office and you have just been assigned as the lead on a sexual assault investigation. The victim attends your office that day and you learn that she is 17 years old. While swimming at summer camp three years prior, she discloses that one of the senior camp counsellors came into their change room and touched her on her breasts above her bathing suit. Do you investigate this complaint as a Threshold or Non-Threshold offence? Explain why.

To obtain an 810.1 or 810.2 Recognizance who may lay an information before a Provincial Court Judge?

An 810.1 Recognizance can be used when there is a fear that a person will commit a specific sexual offence against someone under the age of ________________years.

An 810.2 Recognizance can be used when there is a fear that a person will commit a ______________________ _____________________ _________________________ offence against another person

Section 753 CC is designed to deal with ___________________________ and/or __________________________ offenders who cannot be controlled by traditional means.

Name three ways records can be obtained for a Dangerous or Long Term offender hearing?

Pursuant to section 279.01 CC the maximum jail term for a conviction of human trafficking where a death or aggravated assault occurred is:

How are ViClas books to be filled out for a false allegation?

Are ViClas books subject to disclosure? Explain your answer.

How long do you have to submit a ViClas for a criteria offence?

The least common type of sexual offender and the most violent is:

If a person knows they are HIV positive and they have unprotected sexual intercourse with a person without disclosing their HIV positive status, and there is a realistic possibility of transmission of the disease, what offence, if any, have they committed?

Explain why the above situation would not be considered to be a valid consent.

Provide two conditions when an offender convicted of a criteria sex offence must register/report for the Ontario Sex Offender Registry with their local police jurisdiction.

What does the Ontario Victim’s Bill of Rights state that a victim of a sexual assault can ask for during an investigation?

Name three of the most likely drugs to be encountered in a drug facilitated sexual assault.

The most common drug used to facilitate a drug facilitated sexual assault is?

Name three characteristics of an ideal date rape drug.

When handling and packaging evidence to be submitted to the CFS you must guard against?

Name the three most common sources of DNA.

As an investigative interviewer you should strive to ask ________________________ questions 90% of the time

______________________and _________________________ of your victim plays a large role in your investigation.

An investigator needs to be aware of a “victim’s limitations” during an interview. Several of them were discussed, name three of them.

Provide two ways in which trauma effects memory.

Provide an example of a probing question

Identify two types of questions to avoid during an interview.

A section 487.05 CC warrant can only be obtained from?

A penile swab can be taken from an accused ___________________to ___________________ if you have reasonable ground to believe the ______________________________DNA will be found.

An accused is in custody having been arrested for several assaults. The police believe he is responsible for abducting and sexually assaulting a woman in Whitehorse. While under arrest and being interviewed, he begins to cry. He blows his nose and discards the tissue in the wastepaper basket in the interview room before being returned to the cells. The police suspect that he is responsible for other sexual assaults but don’t have any solid evidence. The police should:

In order to obtain a warrant to obtain a DNA sample for forensic testing a police officer must:

You have seized a sample of DNA on what you think is a valid consent. The Crown advises you that the consent you relied upon fails to meet the minimum legal requirements. The Crown advises that this first sample will probably be excluded but you have ample grounds to seize DNA by warrant and urges you to do so based on the rest of the evidence you have gathered so far. You are writing an information to obtain a DNA warrant, which of the following is the best approach to deal with the first sample?

From the Neurobiology of sexual assault what did the research show law enforcement doing that creates secondary victimization?

Tonic Immobility is often referred to as “rape induced paralysis.”

Neurobiological changes can make memory consolidation and recall difficult.