Sexual Conduct with a young person under 16 Flashcards
1
Q
Sexual Conduct with a young person under 16
A
Section 134 (3) Crimes Act 1961
2
Q
Penalty
A
7 years
3
Q
Elements
A
- Everyone
- Does an indecent act
- on a young person
4
Q
Everyone
A
Person
5
Q
Indecent Act
A
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral and values.
6
Q
Indecency - R v Court
A
Indecency means “conduct that right thinking people will consider an affront to the sexual modest of the complainant”
7
Q
Immaterial as to consent by young person
A
- the offender does the act on the young person
- the young person does the act on the offender
- the act is mutual
8
Q
Section 134 (6) (a)
A
Doing an indecent act on a young person includes indecently assaulting the young person
9
Q
Young person
A
A person under the age of 16 years Section 134 (6) (a) Crimes Act 1961
10
Q
Proving Age - Forrest & Forrest
A
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.
