CP Flashcards
Sexual Conduct with a Child Under 12
Section 132 CA
- A person
(1) Has sexual connection with a child
(2) Attempts to have sexual connection with a child
(3) Does an indecent act on a child
14, 10, 10
Sexual Conduct with a Young Person Under 16
Section 134 CA
- A person
(1) Has sexual connection with a young person
(2) Attempts to have sexual connection with a young person
(3) Does an indecent act on a young person
Section 132 (4)
It is not a defence that the person charged, believed that the child was of or over the age of 12 years
Section 132 (5)
It is not a defence to a charge under this section that the child consented
Even in the unlikely event that a child’s consent is sufficient to provide a defence to sexual violation, that consent is no defence to a charge of Sexual Conduct with a child under 12.
Cox v R 1
We do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent to sexual intercourse, the circumstances would be exceptional if not rare
In practice, what evidence should be used in support of the complainants age
Birth certificate in conjunction with independent evidence that identifies the complainant as the person in the birth certificate
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age
R v Court
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”
The objective test for indecency
R v Dunn - Indecency must be judged in the light of the time, place and circumstances. It must be something more than trifling and be sufficient to warrant the sanction of the law.
Section 134 (4)
No person can be convicted of a charge under Section 134 if they were married to the young person concerned at the time of the sexual connection or indecent act
Section 134 (5)
The young person cannot be charged as party to the offence if the person who committed the offence was of or over the age of 16 when the offence was committed
Section 134A
Defence to a charge under 134.
(a) before the time of the act, taken reasonable steps to find out whether the YP was of or over 16 AND
(b) at the time of the act, believed on reasonable grounds that the YP was of or over 16 AND
(c) the YP consented
Define sexual conduct with a child under 12:
Sexual conduct with a child under 12 is:
- Sexual connection
- Attempted sexual connection
- Indecent assault
What are 3 things to consider when determining “seriousness of physical abuse”
- The action of the abuse
- The injury inflicted
- The circumstances (factors)
Define child abuse
Defined in the Child, YP and their families act 1989 as the harming (physically, emotionally or sexually), ill-treatment, abuse, neglect or deprivation of any child or YP
