PROGRESS TEST 2

Question 1

Discuss the statutory defence for s134A - Sexual Conduct with a Young Person under 16 years?

Answer 1

The statutory defenses are:

a) the person charged can show that they took reasonable steps to establish that the YP was 16 years or over
AND
b) the person charged believed on reasonable grounds that the YP was aged 16 years or over
AND
c) the YP consented to the sexual connection

Question 2

Define sexual conduct with child under 12 years?

Answer 2

Sexual conduct with a child under 12 years is:

a) sexual connection with a child
b) attempted sexual connection with a child
c) does an indecent act on a child

Question 3

Discuss whether a 16 year old girl can be charged with having consensual sex with a 14 year old boy?

Answer 3

Yes, girl can be charged as it is an offence of sexual conduct with a YP under 16years.

Question 4

Define ‘indecent act’?

Answer 4

‘Indecent Act’ is generally accepted as an act accompanied by circumstances of indecency.

Indecent acts are usually consensual acts. In age=specific sexual offences, doing an indecent act with a child or YP can also include indecently assaulting that child or YP.