Sexual Conduct With a Young Person Flashcards
Section and Penalty
Section 134(1), (2), or (3) CA61
10, 10, or 7 Years Imp
Elements
- Everyone who
- (1) Has sexual connection with
- (2) Attempts to have sexual connection with
- (3) Does an indecent act on
- A young person
Young Person
Legislation
S134(6) CA61
In this section,—
(a) young person means a person under the age of 16 years
Cannot be convicted
Legislation
S134(4) and (5) CA61
(4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
(5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.
Statutory Defence
Legislation
Section 134A, CA61
(1) It is a defence to a charge under section 134 if the person charged proves that,—
(a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
(b) at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
(c) the young person consented.
Not a defence
Legislation
Section 134A, CA61
(2) Except to the extent provided in subsection (1),—
(a) it is not a defence to a charge under section 134 that the young person concerned consented; and
(b) it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.
