MISC - Questions - Sex 3 Flashcards
Sexual conduct with a Child under 12 (S.C)
S.132 (1) C.A 61
- A person
- has sexual connection with
- A child
S.132 (2) C.A 61
- A person
- Attempts to have sexual connection with
- A child
Sexual conduct with a Child under 12 (I.A)
132 (3) C.A61
- A person
- Does an indecent act on
- A child
Case law relating to “consent of a child”?
R v Cox
Although we do not exclude that a child of 10 or 11 may be able to give, full, voluntary, free and informed consent to sexaul intercorse, the circumstances that would justify that conclusion would be exceptional if not rare.
Case law relating to “reasonable belief in consent of a child”?
R v Cox
Save in exceptional and rare circumstances, no reasonable adult would have grounds for believing that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance or the act.
Case law relating to “proof of age”?
Forrest and Forrest:
Best evidence possible should be adduced by the prosecution in proof of Victims age.
(Birth certificate in conjunction with independent evidence, e.g from a parent).
What does S.132 (4) and S.132 (5) state?
S.132 (4):
- Under this section, Not a defence if the person charged believed that the child was of or over the age of 12.
S.132 (5):
- Under this section, not a defence if that child consented.
What is an indecent act and relevant case law?
An act that is “indecent” hs sexual connotations and involves conduct that is offensive to public morals or values.
A act that includes circumstances of indecency.
R v Court:
Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant”.
Sexual conduct with a young person under 16
S.134 (1) C.A 61
- A person
- has sexual connection with
- A young person
S.134 (2) C.A 61
- A person
- Attempts to have sexual connection with
- A young person
Sexual conduct with a young person under 16 (I.A)
134 (3) C.A61
- A person
- Does an indecent act on
- A young person
What does S.134 (4) discuss?
No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent assault concerned.
What is the defence relating to S.134?
S.134A - DEFENCE TO CHARGE 134
(1) it is a defence to charge under section 134 if the person charged proves, that:
(a) before time act, taken reasonable steps to find out whether the YP concerned 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.
Indecent Assault
S.135 C.A 61
- A person
- indecently assaults
- Another person
Case law “indecent assault” definintion?
R v Leeson “the definition of indecent assault.. is an assault accompanied by circumstances of indecency”.
What must the Crown prove with regard to indecent assault?
MUST PROVE:
- defendant intentionally assaulted the complainant
- circumstances accompanying the assault were indecent.
- the defendant intended the conduct that a reasonable person would find indecent.
If consent is raised, prosecution must prove beyond reasonable doubt:
- complainant did not consent to the assault and
- the defendant did not honestly believe the complaint was consenting.
Incest?
S.130 C.A 61
(1) Sexual connection is incest if-
(a) it is between 2 people whose relationship is that of parent and child, siblings, half-siblings, or grandparent and grandchild; and
(b) the person charged knows of the relationship.
(2) everyone of or over 16 is liable IMP not exceeding 10YRS.
