2. Sexual Conduct with a Child/YP Flashcards
What is the legislation for s132 sexual conduct with a child?
- Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
- Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
- Every one who does an indecent act on a child is liable to imprisonment for a term not exceeding 10 years.
What are the ages of a child vs YP?
- Child – 11 years or under
* Young Person – 12-15 years old
What are the three things that can be charged specifically for a child/young person?
- sexual connection
- attempted sexual connection
- indecent act
What are not defences for sexual conduct with a child? What section?
s132(4) - that the person believed the child was over the age of 12 years
s132(5) - the child consented
What is the case law regarding consent of a child?
Although we do not exclude the possibility that a child may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
(R v Cox)
What is held regarding reasonable belief, from an adult, in consent of a child? What is the case law?
Save in exceptional and rare circumstances…even where she indicates an agreement to the act occurring…no reasonable adult would have grounds for believing that a child has the experience or maturity to understand the nature and significance of the act.
(R v Cox)
What is the best way of providing proof of age?
This will usually involve producing the complainant’s birth certificate in conjunction with independent evidence that identifies the complainant as the person in the birth certificate.
What is the case law regarding proof of age?
The best evidence possible in the circumstances should be adduced by the prosecution in the proof of the victim’s age.
(R v Forrest and Forrest)
What type of indecent acts can be done with a child?
- the offender does the act on the child
- the child does the act on the offender
- the act is mutual
What is the case law held regarding indecency?
Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.
(R v Court)
What is the legislation for s134, sexual conduction with a YP under 16?
- Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
- Every one who attempts to have a sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
- Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
What is a defence to a charge of sexual conduct with a young person?
if the person proves that:
- Before the time of the act concerned, they took reasonable steps to find out whether the young person was of or over the age of 16 years, and
- At the time of the act concerned, they believed on reasonable grounds that the young person was of or over the age of 16 years, and
- The young person consented.
What is held in s134(4) regarding marriage?
No person can be convicted of a charge under this section if they are married to the YP.
What is held in s134(5) regarding parties to offences?
The YP whom the offence is committed against cannot be charged as a party to the offence if the person charged was of or over 16 years old.
What are the elements for sexual conduct with a child/YP?
- everyone
- has a sexual connection/attempts to have a sexual connection/does an indecent act
- with a child/young person
