Sexual Conduct With A Child Under 12

Question 1

What is the section and elements of sexual conduct with a child under 12 (sexual connection)?

Answer 1

Section 132(1) CA 1961

Everyone who
Has sexual connection with
A child

Question 2

What is the section and elements of sexual conduct with a child under 12 (attempts sexual connection)?

Answer 2

Section 132(2) CA 1961

Everyone who
Attempts to have sexual connection with
A child

Question 3

What is the section and elements of sexual conduct with a child under 12 (indecent act)?

Answer 3

Section 132(3) CA 1961

Everyone who
Does an indecent act on
A child

Question 4

What is the definition of indecent act?

Answer 4

An act accompanied by circumstances of indecency

Question 5

What was found in R v Forrest and Forrest?

Answer 5

The court of appeal suggested that in that case it might have been sufficient if, along with producing her birth certificate, the girl had given additional testimony such as which day she habitually celebrated her birthday, the age she first went to school and in what year and so on.

Question 6

R v Forest and Forrest

Answer 6

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

Question 7

R v Cox
(Consent of a child)
X2

Answer 7

Although we do not exclude the possibility that a child of ten or eleven may be able to gives full, voluntary, free and informed consent to sexual intercourse, the circumstances that would justify that conclusion would be exceptional if not rare.

Save in exceptional and rare circumstance even where she indicates an agreement to the act occurring… no reasonable adult would have the 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.

Question 8

Explain section 144A and 144B of the CA 1961?

Answer 8

If a NZ citizen or person who ordinarily resides in NZ commits an offence of sexual conduct with a child under 12 or a young person under 16 outside of NZ that person can be prosecuted.

• must have the consent of the Attorney General before filing a charging doc

Question 9

Who must authorize releasing a person charged with an offence against a child or young person on Police bail?

Answer 9

Supervisor of or above the position level of sergeant