Sexual Conduct Child 16yr Flashcards
Define s134(4)
No person can be convicted charge under this section if they were married to the y person at time sexual connection or indecent act
Explain about y person charge as party to
S134(5)
Y person in respect whom offence against this section was committed can’t be charged as party to offence if person who committed offence was of or over age 16 yrs when offence committed
Does indecent act include indecent assault under s134
Yes
What is the extent of charges under s134
All sexual connections on y person under 16 yrs incl attempts sexual connection, doing indecent act, indecent assault, and allowing y person to do indecent act on them
What’s the issue with consent under s134 as opposed to 132
Courts have recognized that in some cases y people may be capable of consent to sexual activity sufficient to provide defense under s128 therefore appropriate charge would be s134
What section is appropriate if the precise age is unknown
S134 overlaps with s132 in that it covers any person under 16 yrs therefore can be used to charge where person is under 12 yrs
To avoid acquittal wher age is in doubt use s134
Explain the defense to s134
S 134A may provide a defense to s134 charge of defendant proves that before the time of sexual activity
They had taken reasonable steps to ascertain that y person was of or over 16yrs
And
At time sexual activity they believed on R G that y person was of over 16 yrs
And
Y person consented
Explain what appropriate to charge if both are under 16 yrs
They both commit offence but if one is 15 and other 16 then only 16 can be charged under s134(5)
Explain s134
1) everyone who has sexual connection with young person liable to I 10 yrs
2) everyone who attempts sexual connection with y person liable to I 10 yrs
3) everyone who does indecent act one y person liable to I for 7yrs
