Sexual Conduct With Children And Young People Flashcards
Section 132(1) liability
- a person
- has sexual connection
- with a child
14 years imprisonment
132(2) - attempts
132(3) - indecent act
Cox v R (consent)
Do not exclude the possibility of a child of 10 or 11 could consent to sexual intercourse. The circumstances would justify that conclusion would be exceptional if not rare
Cox v R (belief in consent)
No reasonable adult would have the grounds to believe that a 10 or 11 year old girl has the experience or maturity to understand the nature and significance of the act
R v Forrest and Forrest
The best thing evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.
Section 132(4)
No defence to charge even if offender believed the complainant was 12 years of age.
Definition of an indecent act
An act accompanied by circumstances of indecency.
R v Court
Indecency means the conduct that right thinking people will consider an affront to the sexual modesty of the complainant
R v Dunn
Indecent act must be more than trifling and be sufficient to warrant the sanction of the law
Section 134(1) Liability
Sexual conduct with a young person under 16
- a person
- has sexual connection
- with a young person
10 years imprisonment
134(2) attempts 10 years
134(3) indecent act 7 years
Defence to Section 134
Consent is a defence
R v Leeson
Indecent assault is an assault accompanied with circumstances of indecency
Section 135 liability
Indecent assault
- a person
- indecently assaults
- another person
7 years imprisonment
What to prove in an indecent assault
- defendant intentionally assaulted the complainant
- circumstances were indecent
- defendant intended the conduct that a reasonable person would find indecent
- complainant did not consent to
Section 130 liability
Incest
- sexual connection is incest if
- it is between two people whose relationship is that of parent and child, siblings, half siblings or grandparent and grandchild and
- the person charged knows of the relationship
10 years imprisonment
Incest - knowledge of relationships
Essential person charged knew of their relationship before or at the time of the sexual connection
Section 131(1) liability
Sexual conduct with dependent family member
- a person
- has sexual connection
- with dependant family member under 18
7 years imprisonment
S/C with dependant. Must prove
Offender had power or authority over the dependant person
Section 131B liability
Meeting young person following sexual grooming
- every person is liable to a term of imprisonment if
- having met or communicated with a person under 16 years
- on an earlier occasion he
i) intentionally meets the young person
ii) travels with intention of meeting yp
iii) arranges for yp to travel to them
- at the time of taking the action he intends
i) take in respect of section 98
ii) yp do in him an act which would be an offensive against this part
7 years imprisonment
Grooming offence complete
Offence complete when parties meet or defendant travels to meet the victim with relevant intent
Section 138 liability
Sexual exploitation of person with significant impairment
- everyone is liable to imprisonment who
- has exploitative sexual connection
- with a person with a significant impairment
10 years imprisonment
Significant impairment defined
Intellectual, mental or physical condition or impairment which affects a person to such an extent that if significantly impairs the persons capacity to
- understand nature of sexual conduct
- understand nature of decisions about sexual conduct
- foresee consequences about sexual conduct
- communicate decisions about sexual conduct
