Sexual Conduct with a Young Person Under 16

Question 1

What is the purpose of s134 CA?

Answer 1

To protect vulnerable young people from exploitative, predatory, or indecent sexual behaviour.

Question 2

Two differences between s132 and s134?

Answer 2

S134 covers complainants under the age of 16 years and a statutory defense is provided for under s134A

Question 3

What to do when precise age of complainant is in doubt?

Answer 3

s134 overlaps with s132 as it covers any person under the age of 16 years.

Charges may be filed under both s132 and s134, or if necessary under s134 only

Question 4

Statutory defense to charge under s143

Answer 4

It sis a defense to a charge under s134 of the defendant proves at the time of the sexual activity:

1. they had taken reasonable steps to ascertain that the young person was of or over the age of 16, and
2. 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
3. the young person consented