Sexual Conduct with a child under 12

Question 1

Sexual conduct with a child under 12 - section and ingredients

Answer 1

Section 132(1) of Crimes Act 1961 (14 years)

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

Question 2

What is a sexual connection

Answer 2

Connection effected by the introduction into the genitalia or anus of a person, otherwise than for genuine medical purposes:
- the body part of another person
- an object held or manipulated by another person
OR
- a connection between the mouth or tongue or a person and another persons genitalia or anus
OR
- the continuation of the connections described above

Question 3

Penetration definition under section 2(1A)

Answer 3

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect a connection

Question 4

How would you prove penetration

Answer 4

• complainants evidence
• medical examination (DNA, injuries)
• admissions made by the accused

Question 5

Genitalia definition under section 2

Answer 5

Genitalia include a surgically constructed or reconstructed organ analogous to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)

Question 6

R v Koroheke - genitalia definition

Answer 6

Genitalia comprise the reproduction organs interior and exterior, they include the vulva and the labia, interior and exterior at the opening of the vagina

Question 7

Child - definition under s132(6)(a) of crimes act

Answer 7

Child means a person under the age of 12 years

Question 8

R v Forrest and Forrest - proving age

Answer 8

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

In practise this generally involves producing a copy of the victims birth certificate and independent evidence that the victim is the person named in the certificate

Question 9

Cox v R on giving consent

Answer 9

save in exceptional circumstances… even where she indicates an agreement to the act occurring… no reasonable adult would have grounds to believing that a ten or eleven year old girl has the experience or maturity to understand the nature and significance of the act