Sexual Conduct with a Child under 12

Question 1

Act and section

Answer 1

Section 132(1), Crimes Act 1961

Question 2

Liabilities

Answer 2

Everyone
Has sexual connection
With a child

Question 3

Imprisonment

Answer 3

14 years

Question 4

Everyone definition

Answer 4

Person:

Gender neutral. Proven by Judicial notice or circumstantial evidence.

Question 5

Has sexual connection definition

Answer 5

a) ​connection effected 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; or
(c) ​the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 6

Penetration definition

Answer 6

Penetration:
Introduction and penetration have the same meaning.

Introduction to the slightest degree is enough to effect a connection.

Question 7

Proof of penetration is required

Answer 7

Proof of penetration is required:
Proof may be provided by:
• the complainant's evidence
• medical examination, (DNA, injuries)
• accused's admissions

Question 8

Genitalia definition

Answer 8

Genitalia 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)

Question 9

Genitalia case law

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.
R v Koroheke

Question 10

Child definition

Answer 10

Child:
Child means a person under the age of 12 years
Sec. 132(6)(a), Crimes Act 1961

Question 11

Proving age

Answer 11

Proving Age:
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age”.
R v Forrest and Forrest
.5
In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate.