Sexual Conduct with a Child Under 12 (Indecent act)

Question 1

Sexual conduct with a child under 12 (indecent act) - section and ingredients

Answer 1

Section 132(3) of Crimes Act 1961 (10 years)

1. Everyone
2. Does an Indecent Act
3. On a child

Question 2

What is an indecent act

Answer 2

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

Question 3

R v Court - indecency

Answer 3

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

Question 4

What is a child

Answer 4

Child means person under the age of 12 years

section 132(6)(a) of Crimes Act 1961

Question 5

R v Forrest and Forrest - proving age

Answer 5

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

This generally involves producing the child’s birth certificate and independent evidence to identify the victim as the person on the certificate