Liability 132(3)

Question 1

Sexual Conduct with a Child Under 12

Section and Penalty

Answer 1

Section 132(3) Crimes Act 1961

10 Years Imprisonment

Question 2

Sexual Conduct with a Child Under 12

Ingredients

Answer 2

.1 Everyone

.2 Does an indecent act

.3 On a child

Question 3

.1 Everyone

Answer 3

Gender neutral proven by judicial notice and circumstantial evidence.

Question 4

.2 Does an indecent act

Answer 4

Indecent Act:
An act that has sexual connotations that is offensive to public moral values.

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Indecency:
Conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.
R v Court

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

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

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Doing an indecent act on a child includes indecently assaulting them.
Sec. 132(6)(b), Crimes Act 1961

Question 5

.3 On 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.