Liability 132(1)

Question 1

Sexual Conduct with a Child Under 12

Section and Penalty

Answer 1

Section 132(1) Crimes Act 1961

14 Years Imprisonment

Question 2

Sexual Conduct with a Child Under 12

Ingredients

Answer 2

.1 Everyone

.2 Has sexual connection

.3 With a child

Question 3

.1 Everyone

Answer 3

Gender neutral proven by judicial notice and circumstantial evidence.

Question 4

.2 Has sexual connection

Answer 4

Sexual Connection:

(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of -
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person an a part of another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or (b).
Sec. 2, Crimes Act 1961

_____

Penetration:
Introduction and penetration have the same meaning. Introduction to the slightest degree is enough to effect a connection.
Sec 2(1A), Crimes Act 1961

_____

Proof of penetration:

• the complainant’s evidence
• medical examination (DNA & Injuries)
• accused’s admissions

_____

Genitalia comprises the interior and exterior of reproduction organs, vulva, labia and vagina (including opening)
R v Koroheke

_____

Genitalia:
Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia. Whether person is male, female, indeterminate sex.
Sec. 2, Crimes Act 1961

Question 5

.3 With a child

Answer 5

Child:
Person under the age of 12 years.
Sec. 132(6)(a), Crimes Act 1961

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Proving Age:
Best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.
R v Forrest and Forrest

In practice, this generally involving producing the victim’s birth certificate along with independent witness.