Sexual Conduct with a Child Under 12

Question 1

Cox v R (child consent)

Answer 1

“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 2

Cox v R (reasonable belief in consent of a child)

Answer 2

” 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 has the experience or maturity to understand the nature and significance of the act”

Question 3

Consent is no defence

Answer 3

s132(5)

Even in the unlikely event that a childs consent is sufficient to provide a defense to a charge of sexual violation, that consent is no defense to a charge of sexual conduct with a child under 12

Question 4

R v Forrest and Forrest

Answer 4

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

Question 5

s132(4)?

Answer 5

Mistake as to cage no defense.

Question 6

Definition of an indecent act?

Answer 6

an act accompanied by circumstances of indecency

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

Question 7

R v Court

Answer 7

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

Question 8

The objective test for indecency

Answer 8

R v Dunn:

• indecency must be judges in the light of the time, place, and circumstances.
• must be more than trifling, and “sufficient to warrant the sanction of the law”