Sexual Conduct With a Young Person Under 16 (1) Flashcards
Section
Section 134 (1) Crimes Act 1961
Ingredients
1) Everyone
2) Has Sexual Connection
3) With a young person
Penalty
10 years
Everyone
Gender neutral. Proven by judicial notice or circumstantial evidence.
Has Sexual Connection
Sec 2 Crimes Act 1961
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
Introduction - Penetration
Sec 2(1A) Crimes Act 1961
Introduction and penetration have the same meaning.
Introduction to the slightest degree is enough to effect a connection.
Sec 2(1A) Crimes Act 1961
Proof of Penetration is Required
Proof may be provided by:
- the complainant’s evidence
- medical examinations (DNA, Injuries)
- accused’s admissions
Genitalia - Sec 2 Crimes Act 1961
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).
R v Koroheke
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.
Young Person - Sec ??? (?)(?) Crimes Act 1961
Young person means a person under the age of 16 years.
Sec 134 (6)(a) Crimes Act 1961
R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution if proof of the victim’s age.
Proving Age
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
