Sexual Conduct with a young person

Question 1

Sexual Conduct with a Young person (sexual connection)
Section, act, elements

Answer 1

Sexual conduct with young person under 16
134(1) Crimes Act 1961
1) A person
2) Has sexual connection with
3) A young person

Question 2

Sexual Conduct with a Young person (Indecent Act)
Section, act, Elements

Answer 2

Sexual conduct with young person under 16
134(3) CA 1961
1) A person
2) Does indecent act on
3) A young person

Question 3

Define sexual connection as per 134(1)

Answer 3

Section 2, Crimes Act 1961
Interpretation

Sexual connection means-
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of-

(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or

(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or

(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b)

Question 4

What is the difference between Unlawful sexual connection/rape and sexual conduct with a person under 16?

Answer 4

Consent - In USC/Rape, there must be no consent to charge.

For 134(1), the fact the young person consented is not a defence and you can still be liable for this offence.

Question 5

What are the defence’s to 134(1) and (3)

Answer 5

Under 134A if the defendant proves that before the time of the sexual activity:
* they had taken reasonable steps to ascertain that the young person was of or over the age of 16; and
* at the time of the sexual activity they believed on reasonable grounds that the young person was of or over the age of 16; and
* the young person consented.

Under 134(4) - it is a defence if they were married to the young person at the time

Question 6

What is the case law for Consent

Answer 6

R v Cox - Consent must be full, voluntary, free and informed, freely and voluntarily given by a person in a position to form a rational judgement

Question 7

What is the case law in relation to proving age?

Answer 7

R v Forrest and Forrest - “The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.”