Sexual Conduct with a Young Person under 16

Question 1

Sexual conduct with a young person under 16 - section and ingredients

Answer 1

Section 134(1) of Crimes Act 1961 (10 years)

1. Everyone
2. Has sexual connection
3. With a young person

Question 2

What is a sexual connection

Answer 2

A connection effected by the introduction into the genitalia or anus of a person, otherwise than for genuine medical purposes:

• the body part of another person
• an object held or manipulated by another person
  OR
• a connection between the mouth and tongue of a person and a part of the genitalia or anus of another person
  OR
• the continuation of the connections described above

Question 3

How would you prove penetration

Answer 3

Proof of penetration is required and can be proven by:

• complainants evidence
• medical examination (DNA, injuries)
• admissions made by the accused

Question 4

Genitalia - section 2 definition

Answer 4

Genitalia include a surgically constructed or reconstructed organ analogous to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex)

Question 5

R v Koroheke - genitalia definition

Answer 5

Genitalia comprise the reproduction organs, interior and exterior and include the vulva and the labia, interior and exterior at the opening of the vagina

Question 6

What is a young person

Answer 6

Young person means a person under the age of 16 years

section 134(6)(a)

Question 7

R v Forrest and Forrest - proving age

Answer 7

The best evidence possible in the circumstances must be adduced by the prosecution in proof of the victims age

This generally means producing the victims birth certificate in conjunction with independent evidence to identify that the victim is the person named on the certificate