Sexual Conduct With a Young Person Flashcards

1
Q

Section

A

Section 134 (1)

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2
Q

Ingredients

A

1) Everyone
2) Has Sexual Connection
3) With young person

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3
Q

Penalty

A

10 years

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4
Q

Everyone

A

Gender neutral. Proven by judicial notice or circumstantial evidence.

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5
Q

Has Sexual Connection

Sec 2 Crimes Act 1961

A

a) connection effected by the introduction into the genitalia or anus of one person, except 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 b).

Sec 2 Crimes Act 1961

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6
Q

Introduction - Sec 2(1A) Crimes Act 1961

A

Introduction to the slightest degree is enough to effect a connection.

Sec 2(1A) Crimes Act 1961

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7
Q

Proof of Penetration is Required

A

Proof may be provided by:

  • the complainant’s evidence
  • medical examinations (DNA, Injuries)
  • accused’s admissions
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8
Q

Genitalia - Sec 2 Crimes Act 1961

A

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia, (whether the person concerned is male, female or of indeterminate sex).

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9
Q

R v Koroheke

A

The genitalia comprises the reproductive organs, interior and exterior.. They include the vulva and labia, both interior and exterior at the opening of the vagina.

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10
Q

Young Person - Sec 134 (6)(a) Crimes Act 1961

A

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

Sec 134 (6)(a) Crimes Act 1961

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11
Q

R v Forrest & Forrest

A

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

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12
Q

Proving Age

A

In practice, this generally involves producing the victim’s birth certificate in conjunction with some independence evidence that identifies the victim as the person named in the certificate

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