Sexual Conduct With Child Flashcards
Section and act
Sec 132 (1), Crimes Act 1961
Penalty
14 Years Imprisonment
Ingredients
1) Everyone
2) Has sexual connection
3) With A Child
Person
Gender neutral. Proven by judicial notice or circumstantial evidence.
Sexual Connection - Sec 2 Crimes Act 1961
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of-
(i) a part of the body of another person; or
(ii) an object held or manipulated by another person; or
(b) connection between the mouth or tongue of one person and a part of another person’s genitalia or anus; or
(c) the continuation of connection of a kind described in paragraph (a) or paragraph (b).
Sec 2 Crimes Act, 1961
Introduction - Sec 2(1A) Crimes Act 1961
Introduction to the slightest degree is enough to effect a connection.
Section 2(1A) Crimes Act 1961.
Proof of Penetration
Proof may be provided by:
- Complainants evidence
- Medical examinations (DNA, injuries)
- Accused’s admissions
Genitalia - Sec 2 Crimes Act 1961
Genitalia includes 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).
Section 2, Crimes Act 1961
Case law:
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior…. they include the vulva and the labia, both interior and exterior at the opening of the vagina.
R v Koroheke
Child - Sec 132 (6)(a), Crimes Act 1961
Child means person under the age of 12 years.
Sec 132 (6)(a),Crimes Act 1961
Case law:
R v Forrest and Forrest
The best evidence possible should be adduced by the prosecution in proof of the victim’s age.
Proving Age
In practice, this generally involves producing the victim’s birth certificate, in conjunction with some independent evidence that identifies that victim as the person named in the certificate.
