Sexual Conduct with a Child / Young Person

Question 1

Sexual Conduct with a Child - Section, Act, Penalty, Ingredients, Case law

Answer 1

Section 132 (1) or (2) or (3) CA 1961 - 10 Yrs, 10 Yrs, 7 Yrs

1. Everyone who
2. (1) Has a sexual connection
   (2) Attempts to have a sexual connection
   (3) Does an Indecent Act
3. On a Child

R v Koroheke
R v Cox
R v Court (3)
R v Forrest and Forrest

Question 2

If such an act is done with the consent of the child, it is immaterial whether:

Answer 2

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

Question 3

Consent is no defence when

Answer 3

To a charge of sexual conduct with a child under 12

Question 4

Child

Answer 4

Person under the age of 12 years

Question 5

Unlawful Sexual Connection - 11 Points

Answer 5

1. Unlawful Sexual Connection
2. Sexual Connection
3. Penetration
4. Proof of Penetration
5. Genitalia or Penis (R v Koroheke)
6. Consent (R v Cox)
7. Matters that do not constitute consent
8. Establishing Reasonable Grounds
9. Subjective test - Step 1
10. Subject test - Step 2
11. Objective test - Step 3 (R v Gutuama)

Question 6

Young Person

Answer 6

Person under the age of 16

Question 7

Indecent Act

Answer 7

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

Question 8

Indecency (R v Court)

Answer 8

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

Question 9

Proving Age

Answer 9

In practice this generally involves producing the victim’s birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate + (R v Forrest and Forrest)

Question 10

Sexual Conduct with a young person- Section, Act, Penalty, Ingredients, Case law

Answer 10

Section 134 (1) or (2) or (3) CA 1961 - 10 Yrs, 10 Yrs, 7 Yrs

1. Everyone who
2. (1) Has a sexual connection
   (2) Attempts to have a sexual connection
   (3) Does an Indecent Act
3. On a Young person

R v Koroheke
R v Cox
R v Court (3)
R v Forrest and Forrest

Question 11

Defence to charge under Section 134A

Answer 11

• They had taken reasonable steps to ascertain that the young person was at least 16, and
• They believed on reasonable grounds that the young person was at least 16, and
• The young person consented.