Sexual Conduct with a Young Person Under 16

Question 1

** EXAM ** - Sexual Connection with a Young Person Under 16 - Legislation

Answer 1

Sexual Connection with a Young Person Under 16
Section 134 (1) - CA 1961 - 10 years imprisonment 

everyone who
has sexual connection
with a young person

Question 2

** EXAM ** - Attempted Sexual Connection with a Young Person Under 16 - Legislation

Answer 2

Attempted Sexual Connection with a Young Person Under 16 
Section 134 (2) - CA 1961 - 10 years imprisonment 

everyone who
attempts to have sexual connection
with a young person

Question 3

** EXAM ** - Indecent Act with a Young Person Under 16 - Legislation

Answer 3

Indecent Act  with a Young Person Under 16
Section 134 (3) - CA 1961 - 7 years imprisonment 

everyone who
does an indecent act
on a young person

Question 4

Consent of a young person

Answer 4

The courts have recognised that in some cases young people may be capable of giving legal consent to sexual activity, sufficient to provide a defence to a charge of sexual violation.

Question 5

Young person defined

Answer 5

Section 134(6)(a) CA 1961

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

Question 6

** EXAM ** - Statutory Defence

Answer 6

Section 134A - CA 1961

• 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
• 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
• the young person consented

Question 7

** EXAM ** - What if both parties are under the age of 16?

Answer 7

Where both parties are aged under 16, they both commit the offence. However, if one party is 15 and the other is 16, only the 16-year-old can be charged.

Question 8

** EXAM ** - What are the statutory defenses listed under section 134 (4) and (5) ?

Answer 8

(4) Married to the young person at the time
(5) The young person cannot be charged as a party to the offence if the person charged was 16 years or over at the time of the offence