SEUAL CONDUCT WITH A CHILD UNDER 12. (covers indecent act/indecently assaulting a child) Flashcards
Legislation:
Sexual Conduct with a child under 12 Crimes Act 1961, Section 132 1. Everyone 2. Has sexual connection 3. With a child
Consent of a child
The court of appeal have held that it would only be in “exceptional and rare circumstances” that a child under 12 could give legal consent.
COX v R (consent of a child)
“Although we do not exclude the possibility that a child of ten or eleven may be able to give a full, voluntary, free and informed consent
to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.
Reasonable belief in consent of a child
It is not reasonable for an adult to believe a child was consenting.
COX v R (belief in consent of a child)
“Save in exceptional and rare circumstances…even where she indicates an agreement to the act occurring…no reasonable adult would have
grounds for believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act.”
Consent (of a child) is no defence
Even in the unlikely event a child’s consent is sufficient to provide a defence to sexual violation, that consent is no defence to a charge
of sexual conduct with a child under 12.
‘Child’
a person under 12yrs, Boy or Girl.
Proof of Age
The crown must prove the complainant’s age at the time of the alleged offence, using the best evidence to do so.
Producing the complainant’s birth certificate and a parent who identifies the complainant as the person named in the certificate.
R v FORREST & FORREST - proof of age
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of (the victims) age.”
Mistake as to (child’s) age no defence
Under 132(4) it is no defence to a charge of sexual conduct with a child that the offender believed the complainant was 12 years or over.
