SEXUAL CONDUCT WITH A YOUNG PERSON UNDER 16

Question 1

Legislation

Answer 1

Sexual Conduct with a young person under 16
Crims Act 1961, Section 134
1. Everyone
2. Has sexual Connection with
3. A young Person

Question 2

Statutory defence to a charge under 134

Answer 2

If the person charged proves that,
a) before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned
was of or over the age of 16 years AND
b)At the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years, AND
c)The young person consented

Question 3

Consent of a ‘young person’

Answer 3

in some cases a young person may be capable of giving legal consent to sexual activity, sufficient to provide a defence to a charge of sexual violation…but by reason of all the circumstances, including tender years, cannot be taken in fact to have consented.