Sexual Conduct with a Young Person under 16 (indecent act)

Question 1

Sexual conduct with a person under 16 (indecent act) - section and ingredients

Answer 1

Section 134(3) of Crimes Act 1961 (7 years)

1. Everyone
2. Does an indecent act
3. On a young person

Question 2

What is an indecent act

Answer 2

An indecent act is one that has sexual connotations and involves conduct directed at a person that is offensive to public moral values

Question 3

R v Court - indecency

Answer 3

indecency means “conduct that right thinking people will consider an affront to the sexual modesty of the complainant”

Question 4

What is a young person

Answer 4

A person under the age of 16 years

section 134(6)(a) of Crimes Act 1961

Question 5

R v Forrest and Forrest - proving age

Answer 5

The best evidence possible should be adduced by the Prosecution in proof of the victims age

This generally involves producing victims birth cert in conjunction with independent evidence identifying the victim as the person named on the certificate