Sexual Conduct with a child under 12

Question 1

Sexual Conduct with a child under 12

Answer 1

Section 132 (1) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Everyone
2. Has sexual connection
3. With a child

Question 4

Everyone

Answer 4

Person - Gender Neutral. Proven by judicial note or circumstantially.

Question 5

Sexual Connection

Answer 5

a) connection effect by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes of -
i) a part of the body of another person; or
ii) an object held or manipulated by another person; or
b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus
c) the continuation of connection of a kind described in paragraph a or b
Section 2, Crimes Act 1961

Question 6

Penetration

Answer 6

Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection
Section 2 (1A) Crimes Act 1961

Question 7

Proof of Penetration

Answer 7

Provided by: complainants evidence, medical examination (DNA, injuries) or accused admissions.

Question 8

Genitalia

Answer 8

Includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).
Section 2, Crimes Act 1961

Question 9

R v Koroheke

Answer 9

The genitalia comprise the reproduction organs, interior and exterior … they include the vulva [and] the labia, both interior and exterior, at the opening of the vagina.

Question 10

Child

Answer 10

Child means a person under the age of 12 years
Section 132 (6) (a) Crimes Act 1961

Question 11

Proving Age - Forrest & Forrest

Answer 11

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