More Flashcards
Presumption because of Age
There is no presumption of law that a person is incapable of sexual connection because of his or her age.
It is not a defence.
What must be proved in cases of Sexual Violation
- Intentional act involving sexual connection (and)
- complainant did not consent to sexual act (and)
- Offender did not believe complainant consenting (or)
- grounds for belief of consent were not reasonable
What defence is not available to you if Charged under S.132?
S.132(4) - Belief that the child was of or over the age of 12 years.
S.132(5) - the child consented
Explain the test for Indecency
An objective test, whether the conduct offends against a reasonable and recognized standard of decency which ordinary and reasonable members of the community ought to impose and observe in this day and age. It must be sufficient to warrant the sanction of the law.
What defence is available to you if Charged under S.134?
S.134A
1) If the person charged proves that:
a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years AND
b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years AND
c) the young person consented
What defence is not available to you if Charged under S.134?
S.134A
Except to the extent in 134A(1):
2) It is not a defence to a charge under section 134 that
a) the young person concerned consented AND
b) the person charged believed that the young person concerned was of or over the age of 16 years.
What constitutes reasonable steps, in relation to ascertaining age
The defendant must show what steps they took, and satisfy the court that these steps were all that could be reasonably required of them in the circumstances.
Is consent a defense when charged with offence regarding a dependent family member?
No, it is not a defence that the dependent family member consented.
