Sexual Conduct with a child under 12 - Indecent Assault

Question 1

Sexual Conduct with a child under 12 - Indecent Assault

Answer 1

Section 132 (3) Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Elements

Answer 3

1. Everyone
2. Does an indecent act
3. On a child

Question 4

Everyone

Answer 4

Person - Gender Neutral. Proven by judicial note or circumstantially.

Question 5

Indecent Act

Answer 5

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

Question 6

Indecency - R v Court

Answer 6

Indecency means “conduct that right thinking people will consider an affront to the sexual modest of the complainant”

Question 7

Immaterial as to consent by child

Answer 7

• the offender does the act on the child
• the child does the act on the offender
• the act is mutual

Question 8

Section 132 (6) (b)

Answer 8

Doing an indecent act on a child includes indecently assaulting the child

Question 9

Child

Answer 9

Child means a person under the age of 12 years
Section 132 (6) (a) Crimes Act 1961

Question 10

Proving age - Forrest & Forrest

Answer 10

The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.