132 SEXUAL CONDUCT WITH A CHILD UNDER 12

Question 1

Sexual Conduct With a Child Under 12:
Is the child’s consent a defence?

Answer 1

No

Question 2

Section 132(1), Crimes Act 1961
Sexual conduct with child under 12
(ASPE)

Answer 2

CA61 s132(1) - Sexual conduct with child under 12
14 Years

(1) has sexual connection with a child

Question 3

CA61 s132(2) - Sexual conduct with child under 12
(ASPE)

Answer 3

CA61 s1329(2) - Sexual conduct with child under 12
10 Years

(2) attempts to have sexual connection with a child

Question 4

CA61 s132(3) - Sexual conduct with child under 12
(ASPE)

Answer 4

CA61 s132(3) - Sexual conduct with child under 12
10 Years

(3) does an indecent act on a child

Question 5

CA61 s132(4) - Sexual conduct with child under 12
(ASE)

Answer 5

CA61 s132(4) - Sexual conduct with child under 12

(4) It is not a defence to a charge under this section that the person charged, believed that the child was of or over the age of 12 years.

Question 6

CA61 s132(5) - Sexual conduct with child under 12
(ASPE)

Answer 6

CA61 s132(5) - Sexual conduct with child under 12

(5) It is not a defence to a charge under this section that the child consented.

Question 7

CA61 s132(6) - Sexual conduct with child under 12
(ASE)

Answer 7

CA61 s132(6) - Sexual conduct with child under 12

(6) In this section,—
(a) child means a person under the age of 12 years; and
(b) doing an indecent act on a child includes indecently assaulting the child.

Question 8

Can receiving true consent from a child be a defence against the charge of 128 Sexual Violation?

Answer 8

Yes. If it is true consent and it fulfils the elements outlined in 128(3) -

(3)
Person A has unlawful sexual connection with person B if person A has sexual connection with person B—

(a)
without person B’s consent to the connection; and
(b)
without believing on reasonable grounds that person B consents to the connection.

(However, the consent would not be a defence to 132 Sexual Conduct With an Child Under 12 years because of 132(5)).

Question 9

What is the best evidence of a persons age?

Answer 9

(1) A birth certificate for that person, and
(2) An independent witness attesting that the person is the person named on the certificate (ideally this witness will be a parent of the person).

Question 10

Under s132(4) is it a defence to a charge of sexual conduct with a child that the offender believed the complainant was 12 years of age or over?

Answer 10

No.