Sexual Conduct with a Young Person Under 16

Question 1

Sexual Conduct with a Young Person under 16 Liability

Answer 1

Sexual Conduct with a Young Person under 16
Section 134, Crimes Act 1961
• A person
a) Has sexual connection with a young person
b) Attempts to have sexual connection with a young person
c) Does an indecent act on a young person

Question 2

Consent of a young person

Answer 2

The courts have recognised that in some cases young people may be capable of giving legal consent to sexual activity, sufficient to provide a defence to a charge of sexual violation.

Question 3

When precise age of complainant in doubt

Answer 3

Although s134 is primarily aimed at boys and girls aged 12–15 years, it overlaps with s132 in that it covers any person under the age of 16 years. This therefore extends the section to also cover children under 12.

Question 4

Defence to charge under section 134

Answer 4

Section 134A, Crimes Act 1961
Defence to charge under section 134
(1) It is a defence to a charge under section 134 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 5

What are reasonable Steps to prove age

Answer 5

The defendant must show what steps they took to ascertain the young person’s age, and satisfy the court that these steps were all that could be reasonably required of them in the circumstances.

The wider the age and maturity gap between the defendant and the young person, the harder it will be to establish this defence.