Sexual Conduct With Child Under 12 Yrs

Question 1

What is the issue with consent under s132

Answer 1

Child could appear to consent by complying in sexual activity but consent of a child isn’t a defense in s132 unlike s128

Question 2

Explain s132 CA 1961

Answer 2

1) everyone who has sexual connection child liable I for 14 yrs
2) everyone attempts sexual connection with child liable I 10 yrs
3) everyone does indecent act child liable I for 10 yrs

Question 3

Explain s132 (4)

Answer 3

Not a defense to a charge under this section if the person charged believes that child was of over 12yrs

Question 4

Explain s132(5)

Answer 4

It’s not defense to charge under this section that child consented

Question 5

What defines a charge of sexual violation as opposed to s132 for a child under 12yrs

Answer 5

Distinction to be drawn between child who is simply compliant or one truly consenting
To determine consent requires evaluation of all circumstances

There’s no legal cutoff age below which a child deemed incapable of consenting.

Question 6

Cox v r

Answer 6

Although we don’t exclude the possibility that a child of 10 or 11 May be able to give a full voluntary free n informed consent to sexual intercourse the circumstances that would justify that conclusion would be exceptional if not rare. A 10 or 11 child may know what sexual intercourse is she may indicate her agreement but save in such exceptional circumstances she will not simply bec of her age and stage of sexual development understand the significance of the act in that sense therfore any consent she may purport to give will not be a legal consent be it will not be either rational or informed

Question 7

What did cox conclude about reasonable belief

Answer 7

That in all but rare cases it wasn’t reasonable for an adult to believe the child consented to sexual activity

Question 8

What does it mean that consent is no defense under s132

Answer 8

Even in unlikely event child consent is sufficient to provide a defense under s128 that consent is no defense under s132

Question 9

What’s the best evidence to prove age

Answer 9

Generally means producing a birth certificate in conjunction with independent evidence identifying complainant as person on cert

Question 10

Forest v Forrest

Answer 10

The best ever evidence possible I the circumstances should be adduced by the prosecution in proof of age of victim