Indecent Act On A Child

Question 1

Section and act

Answer 1

Sec 132 (3), Crimes Act 1961

Question 2

Penalty

Answer 2

10 Years Imprisonment

Question 3

Ingredients

Answer 3

1) Everyone
2) Does an Indecent Act
3) With A Child

Question 4

Indecent act

Answer 4

An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 5

Case law:

R v Court - Indecency

Answer 5

Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.

Question 6

If Child Consents

Answer 6

If such an act is done with the consent of the child, it is immaterial whether:

• the offender does the act on the child
• the child does the act of the offender
• the act is mutual

Question 7

Sec 132 (6)(b) Crimes Act 1961

Answer 7

Doing an indecent act on a child includes indecently assaulting the child

Question 8

Child - Sec 132 (6)(a), Crimes Act 1961

Answer 8

Child means person under the age of 12 years.

Sec 132 (6)(a),Crimes Act 1961

Question 9

Case law:

R v Forrest and Forrest

Answer 9

The best evidence possible should be adduced by the prosecution in proof of the victim’s age.

Question 10

Proving Age

Answer 10

In practice, this generally involves producing the victim’s birth certificate, in conjunction with some independent evidence that identifies that victim as the person named in the certificate.