Sexual Conduct with a Child Under 12 (also includes Attempts & Indecent Act)

Question 1

What are the ingredients for Sexual Conduct with a Child Under 12yrs?

Answer 1

• A Person
• Has Sexual Connection
• With a Child

OR

• A Person
• Attempts to have Sexual Connection
• With a Child

OR

• A Person
• Does an Indecent Act
• On a Child

Question 2

Term of imprisonment for Sexual Conduct with Child Under 12yrs?

Answer 2

Term not exceeding 14 years.

Question 3

Term of imprisonment for Attempts to have Sexual Conduct with Child Under 12yrs?

Answer 3

Term not exceeding 10 years.

Question 4

Term of imprisonment for indecent act on a child?

Answer 4

Term not exceeding 10 years.

Question 5

Is there a defense for Sexual Conduct Under 12 years?

Answer 5

No defense

Question 6

How does Section 132, Crimes Act 1961 relate to in relation to Sexual Conduct with Child under 12 years?

Answer 6

• It is not a defense to a charge under this section that the person charged believed that the child was of OR underage of 12 years.
• It is not a defense to charge under this section that the child consented.

Question 7

Proof Age

Answer 7

Crown must prove the complainants age at the time USING best evidence available.

• Birth certificate (in conjunction with independent evidence)
• Parent (if practicable)

Question 8

Mistake of age

Answer 8

Under S132(4), no defense to a charge of sexual conduct with a child that the offender believed the complainant was 12 years of age or over.

Question 9

Attempts Sexual Connection (Section 72, Crimes Act 1961)

Answer 9

Everyone who having an intent to commit an offence, does or omits an act for the purpose of accomplishing his object, is guilty of an attempt to commit the offence intended, whether in the circumstances it was possible to commit the offence or not.

Question 10

Definition of a Child

Answer 10

Child means a person under the age of 12years.

Offences are gender neutral and may be committed against a boy or a girl.

Question 11

Section # for:
- A person
- Has sexual connection
- With a child

Answer 11

Section 132 (1) Crimes Act 1961

Question 12

Section # for:
- A person
- Attempts to have sexual connection
- With a child

Answer 12

Section 132(2) Crimes Act 1961

Question 13

Section # for:
- A person
- Does an indecent act
- On a child

Answer 13

Section 132(3) Crimes Act 1961

Question 14

Indecent Act (Section 2, Crimes Act 1961)

Answer 14

(1B) For the purpose of this Act, one person does an indecent act on another person whether he or she -

a) does an indecent act with or on the other person OR
b) induces or permits the other person to do an indecent act with or on him or her.

Question 15

Indecency

Answer 15

An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

Question 16

Indecency - R v COURT

Answer 16

Indecency means “conduct that right thinking people will consider an affront to the sexual modesty of (the complainant).

Question 17

Indecency - R v DUNN

Answer 17

Indecency must be judged in light of the time, place and circumstances. It must be something more than trifling and be sufficient to “warrant the sanction of the law”.