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•  “ It was a horrible case of miscommunication”

•  “ She didn’t do anything to stop it”

•  “ I don’t think it was all him, she had invited him to the party”

•  “ Calling it rape is too harsh”

•  “ If he could be charged with a sex offence rather than rape we would prefer that”

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•  Case Studies •  Myths and Stereotypes •  Offences •  Definition of Sexual •  Consent •  Mental disorder impeding choice •  Code for Crown Prosecutors •  Being Offender Centric •  Merits Based Approach •  What Happened?

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How Many Of These Have Crossed Your Mind?

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s1 RAPE Penetration of: •  Vaginal •  Anal •  Oral

s2 Assault by Penetration by body

part or something else Penetration of: •  Vaginal •  Anal Penetration is sexual

s3 Sexual Assault (by touching)

•  Intentional •  Touching is

sexual

S4 Causing Sexual Activity Without

Consent •  Intentionally causes •  Activity is sexual •  Penetrative •  Non Penetrative

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CHILD SEX OFFENCES

Victim is Under 13 Years of Age

Victim is Between 13 – 16 years and no reasonable

belief 016 or U13

•  s5 Rape

•  s6 Assault by penetration

•  s7 Sexual Assault

•  s8 Causing/inciting to engage in sexual activity o  Penetrative o  Non Penetrative

•  s9 Sexual Activity with a child (O18) o  Penetrative o  Non Penetrative

•  s10 Causing/inviting to engage in sexual activity (O18) o  Penetrative o  Non Penetrative

•  s11 Engaging in activity in the presence of a child (O18)

•  s12 Causing a child to watch a sexual act (O18)

•  s13 All of the above offences committed by a person under the age of 18.

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OTHER GROUPINGS

Offences Committed by Carers For People

with a Mental Disorder

Offences Against People With A Mental

Disorder

Familial Child Sex Offences

• Includes victims between 16-17 years of age

Abuse Of Position Of Trust

•  Includes victims between 16-17 years of age

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CONSENT FOR EACH OF THE MAIN OFFENCES

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SECTION 75 - Evidential Presumptions

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SECTION 76 - Conclusive Presumptions

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MENTAL DISORDER IMPEDING CHOICE

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CODE FOR CROWN PROSECUTORS

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CODE FOR CROWN PROSECUTORS

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CHILD SEX OFFENCES

Victim is Under 13 Years of Age

Victim is Between 13 – 16 years and no reasonable

belief 016 or U13

•  s5 Rape

•  s6 Assault by penetration

•  s7 Sexual Assault

•  s8 Causing/inciting to engage in sexual activity o  Penetrative o  Non Penetrative

•  s9 Sexual Activity with a child (O18) o  Penetrative o  Non Penetrative

•  s10 Causing/inviting to engage in sexual activity (O18) o  Penetrative o  Non Penetrative

•  s11 Engaging in activity in the presence of a child (O18)

•  s12 Causing a child to watch a sexual act (O18)

•  s13 All of the above offences committed by a person under the age of 18.

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CODE FOR CROWN PROSECUTORS

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To help you understand your role and responsibilities within the Legal process

•  Expert Opinion Evidence •  Your Duty and obligations as an expert •  The content of your Expert Report •  Better Case Management •  Time Constraints •  Points to Consider

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•  General Rule •  Exception to the rule •  Why expert evidence is admissible •  Hearsay/ S10 admissions •  Ultimate issue •  Who can be an expert •  Matters effecting weight of expert evidence •  Dubious qualification/methodology •  When it may be unsafe to rely on expert evidence •  Court determining expertise •  Court’s direction to the jury

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Your Duty & Obligations as an Expert Part 19 Criminal Procedure Rules 2015

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!  Your qualifications/experience/accreditation !  Information /Literature relied upon !  Substance of facts given that are relied upon to form your opinion !  Facts within your own knowledge !  Identify people who have undertaken any examinations/tests/

experiments !  Their qualification/experience/accreditation ! Were they supervised by the expert !  Summarise findings on which you have relied

!  Outline range of opinions and express own opinion within the range !  Opinions with qualification !  Information re your reliability as an expert !  Summary of your conclusions reached !  Statement confirming you understand your duty to the court !  Declaration of truth.

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•  Criminal  prac+ce  direc+on  •  Oct  2015  •  Further  focus  on  the  courts  overriding  objec+ve    (CrimPR  1.1)  

•  Strengthens  ac+ve  case  management  (CrimPR  3.2)  

•  Encourages  communica+on    •  Discourages  delay  •  Technology    

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Offender Charged

28 days In Custody

1st Appearance in the Magistrates Court

14 days to receive the Police File

CPS Review and contact with the defence and Police - Additional Evidence and Unused material

Serve initial case papers on the defence and court no later than 5 days before 1st Appearance

MG3 identify GAP/NGAP

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1st Appearance in the Magistrates Court

28 days

PTPH - Crown Court

Indictment and PTPH Form - 7 days before Pre Trial and Plea Hearing ( PTPH)

BCM Review and communication with defence and the Police - within 72 hours of 1st appearance.

Judge will make directions Trial Date fixed Sentence

Serve initial case papers or additional papers on the defence

STAGE 1 - Service of full case papers 50 /70 days from date of 1st appearance in Magistrates Court to the defence

STAGE 2 - within 28 days of Stage 1 defence to serve their expert evidence

STAGE 3 - within 14 or 28 days of Stage 2 prosecution to serve their expert evidence

STAGE 4 - within 14 or 28 days of Stage 3 defence to serve their expert evidence that could not be served by Stage 2

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Compliance Court - Crown Court

Crown Court Trial

Sentence Linked to Family Proceedings

Expert evidence Ground Rule

Hearings

FCMH - Crown Court

STANDARD DIRECTION - joint expert report no less than 14 days prior to the trial.

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