Sexual Conduct with a Child Under 16 (also includes Attempts and Indecent Act)

Question 1

What are the ingredients for Sexual Conduct with a Young Person Under 16yrs?

Answer 1

• A Person
• Has Sexual Connection
• With a Young Person

OR

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

OR

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

Question 2

Term of imprisonment for Sexual Conduct with a Young Person?

Answer 2

10 years

Question 3

Term of imprisonment for Attempts to have Sexual Conduct with a Young Person?

Answer 3

10 years

Question 4

Term of imprisonment for indecent act on a Young Person?

Answer 4

7 years

Question 5

How does the remaining Section 134, Crimes Act 1961 relate to the sexual conduct with a Young Person?

Answer 5

Section 134, Crimes Act 1961

4) No Person can be convicted of a charge under this section if he/she married the YP concerned at the time of sexual connection OR indecent act concerned.

5) YP cannot be charged as a party to the offence if person committed the offence was of OR over the age of 16 years when the offence was committed.

Question 6

Definition of a Young Person

Answer 6

Young Person means a person under the age of 16 years.

Question 7

Defences to Charge Under Section 134

Answer 7

Section 134A Crimes Act 1961
1) it is a Defence if able to prove:

a) before the act he/she took reasonable steps whether YP over the age of 16 years AND
b) before the act, believed on RG that the YP was over 16 years
AND
c) YP consented.

Question 8

Is there a Defence if both are under 16 years?

Answer 8

No - both are deemed to have committed the offence.

Question 9

What if one party is 16 years and the other is 15 years?

Answer 9

Only the 16-year-old can be charged.