Sexual Conduct with a Child Under 12

Question 1

** EXAM ** - Sexual Connection with a Child Under 12 - Legislation

Answer 1

Sexual Connection with a Child Under 12
Section 132(1) CA 1961 - 14 years imprisonment 

everyone who
has sexual connection
with a child

Question 2

** EXAM ** - Attempted Sexual Connection with a Child Under 12 - Legislation

Answer 2

Attempted Sexual Connection with a Child Under 12
Section 132(2) CA 1961 - 10 years imprisonment 

everyone who
attempts to have sexual connection
with a child

Question 3

** EXAM ** - Indecent Act with a Child Under 12 - Legislation

Answer 3

Indecent Act with a Child Under 12
Section 132(3) CA 1961 - 10 years imprisonment

everyone who
does an indecent act
on a child

Question 4

What did the Court of Appeal hold regarding consent of a child?

Answer 4

It would only be in “exceptional and rare circumstances” that a child under 12 could give legal consent.

A 10 or 11 y/o child may know what sexual intercourse is. She may indicate her agreement but not understand the significance of the act.

Question 5

** EXAM ** - Consent of a Child - Case Law

Answer 5

Cox v R

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.

Question 6

** EXAM ** - Reasonableness of belief in consent - Case Law

Answer 6

Cox v R

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.

Question 7

** EXAM ** - Defence of consent

Answer 7

Section 132(5) - CA 1961

It is not a defence to a charge under this section that the child consented.

Question 8

Child defined

Answer 8

Section 132(6)(a) - CA 1961

Child means a person under the age of 12 years.

Question 9

** EXAM ** - Proof of age

Answer 9

Where age is an essential element of an offence, the Crown must prove the complainant’s age at the time of the alleged offence, using the best evidence available to do so.

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

Question 10

** EXAM ** - Proof of age - Case Law

Answer 10

R v Forrest and Forrest

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victim’s age.

Question 11

Mistaken as to age defence

Answer 11

Section 132(4) - CA 1961

It is not a defence to a charge under this section that the person charged believed that the child was of or over the age of 12 years.

Question 12

Indecent act defined legislation

Answer 12

Section 2 - CA 1961

one person does an indecent act on another person whether he or she—

(a) does an indecent act with or on the other person; or
(b) induces or permits the other person to do an indecent act with or on him or her.

Question 13

Indecent act defined

Answer 13

An ‘indecent act’ is generally accepted to be an act accompanied by circumstances of indecency.

Question 14

If such an act is done with the consent of the child, it is immaterial whether… ?

Answer 14

• the offender does the act on the child
• the child does the act on the offender
• the act is mutual

Question 15

Indecent defined

Answer 15

Conduct directed at a person that has sexual connotations and is offensive to public moral values

Question 16

** EXAM ** - Indecency - Case Law

Answer 16

R v Court

Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of the complainant”.