Sexual Conduct with a Child Under 12 Flashcards
Sexual Conduct with a child under 12 Liability
Sexual Conduct with a Child under 12 Section 132, Crimes Act 1961 • A person a) Has sexual connection with a child b) Attempts to have sexual connection with a child c) Does an indecent act on a child
Case Law for child under 12 consent
Cox v R 7/11/96, CA213/96
“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.
Cox v R 7/11/96, CA213/96
“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 girl has the experience or maturity to understand the nature and significance of the act.”
Proof of age Case Law
R v Forrest and Forrest [1970] NZLR 545 (CA)
“The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”
What is indecent act on a child? what if child consents?
An ‘indecent act’ is generally accepted to be an act accompanied by circumstances of indecency.
If such an act is done with the consent of the child, it is immaterial whether:
• the offender does the act on the child
• the child does the act on the offender
• the act is mutual.
Indecency case law
R v Court [1988] 2 All ER 221
Indecency means “conduct that right-thinking people will consider an affront to the sexual modesty of [the complainant]”.
Consent is no defence
Even in the unlikely event that a child’s consent is sufficient to provide a defence to sexual violation, that consent is no sentence to a charge of sexual conduct with a child under 12 - section 132(5)
