Sexual Conduct with a Child Under 12

Question 1

Consent of the Child

Answer 1

Distinction must be drawn between compliance and consent based on the full understanding of the act.

There is no statutory cut off age where child is deemed incapable of consenting. Therefore each case will be assessed through circumstances.

Court of Appeal held: due to age and stage of sexual development, a child may not understand the significance of the act. Therefore not legal consent.

Clearly, younger the child, the less likely any apparent consent will be valid.

Charge: Sexual Violation v Sexual Connection with a Child.

Question 2

Reasonable Belief in Consent of a Child

Answer 2

In all by extremely rare case, it is not reasonable for an adult to believe a child as consenting to sexual activity.

Question 3

Consent is no Defence

Answer 3

Even in the unlikely event of consent, it is no defence to a charge of Sexual Conduct with Child Under 12.

Question 4

Mistake as to Age is no Defence

Answer 4

If the offender believed the complainant was 12 years of age or over.