Elements Sections and Sentences

Question 1

Sexual conduct with consent induced by certain threats

Answer 1

S129A(1) 14 years
Sexual connection with another person knowing consent was given with a connection of threat

S129A(2) 5 years
Does an indecent act knowing the other person has been induced to consent by threat whether they do the act with or on the person or they do the act on himself/herself

Question 2

Sexual violation by rape

Answer 2

S128(1)(a) 20 years

A person
Rapes
Another person

Question 3

Sexual violation by unlawful sexual connection

Answer 3

S128(1)(b) 20 years

A person
Has unlawful sexual connection
With another person

Question 4

Assault with intent to commit sexual violation

Answer 4

S129(2) 10 years

A person
Assaults
Another person
With intent to commit sexual violation of the other person

Question 5

Sexual conduct with a child under 12

Answer 5

S132
(1) a person has SC with a child 14yrs
(2) a person attempts to have SC with a child 10yrs
(3) a person does an indecent act on a child 10yrs

Question 6

Sexual conduct with a young person under 16

Answer 6

S134
(1) a person has SC with a YP 10yrs
(2) a person attempts to have SC with a YP 10yrs
(3) a person does an indecent act on a YP 7 yrs

Question 7

Indecent assault

Answer 7

S135 7 years

A person
Indecently assaults
Another person

Question 8

Attempted sexual violation

Answer 8

S129(1) 10 years

Attempts
To commit sexual violation
Of another person

Question 9

Incest

Answer 9

S130(1) 10 years

A person
Has sexual connection
With a parent/child/sibling/half sibling/grandparent/grandchild
And the person charged knows of the relationship

Sexual connection is incest if:
• it is between two people whose relationship is that of parent and child, siblings, half siblings, or grandparent and grandchild AND
• the person charged knows if the relationship

Question 10

Sexual conduct with a dependent family member

Answer 10

S131(1) 7 years
Has a sexual connection with a DFM under the age of 18

S131(2) 7 years
Attempts to have SC with DFM under the age of 18

S131(3) 3 years
Does an indecent act on a DFM under the age of 18

S131(4) DFM cannot be charged as a party to the offence
S131(5) not a defence if they consented

*where the complainant is under 16 charges will ordinarily be filed under either 132 or 134

Question 11

Meeting young person following sexual grooming

Answer 11

S131B 7 years
Having met or communicated with the young person on an earlier occasion takes one of the following actions:
- intentionally meets YP
- travels with the intention of meeting YP
- arranges/persuades YP to travel with intention of meeting him or her AND
at the time of the action he or she intends:
- take action that would be offence against specified sections
- that the YP should do an act which is an offence against specified sections

*this includes constable pretending to be a YP