Sexual Conduct(indecent act) with a child

Question 1

Act and section

Answer 1

Section 132(3), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

Everyone
Does and indecent act
On a child

Question 4

Person definition

Answer 4

Gender neutral proven by judicial notice or by circumstantial evidence

Question 5

Definition of Indecent Act

Answer 5

ndecent Act:
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 6

Indecent Act case law

Answer 6

Indecency:
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant].”
R v Court

Question 7

Indecent Act pt 3

Answer 7

If such an act is done with the consent of the child, it is immaterial whether:
− the offender does the act on the child
− the child does the act on the offender
− the act is mutual

Question 8

Indecent Act pt 4

Answer 8

Doing an indecent act on a child includes indecently assaulting the child
Sec. 132(6)(b), Crimes Act 1961

Question 9

Definition of a Child

Answer 9

Child:
Child means a person under the age of 12 years
Sec. 132(6)(a), Crimes Act 1961

Question 10

Proving Age

Answer 10

Proving Age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v Forrest and Forrest

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.