Sex offences(2) Q & A

Question 1

Discuss the statutory defence for s134A - sexual conduct with a young person under 16 years.

Answer 1

There is a statutory defence for sexual conduct with a young person (s134A). This statutory defence applies only when:

• the person charged can show they took reasonable steps to establish the young person was aged 16 or over, and
• the person charged believed on reasonable grounds that the young person was aged 16 or over, and
• the young person consented to that sexual connection.

Question 2

Define sexual conduct with a child under 12.

Answer 2

Sexual conduct with a child under 12 is:

• sexual connection with a child;
• attempted sexual connection with a child; and
• 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, the girl can be charged as it is the offence of sexual conduct with a young person under 16 years (s134 Crimes Act 1961).

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 young person can also include indecently assaulting that child or young person.