Sexual Conduct With Children And Young People

Question 1

Section 132(1) liability

Answer 1

• a person
• has sexual connection
• with a child

14 years imprisonment

132(2) - attempts
132(3) - indecent act

Question 2

Cox v R (consent)

Answer 2

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

Question 3

Cox v R (belief in consent)

Answer 3

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

Question 4

R v Forrest and Forrest

Answer 4

The best thing evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age.

Question 5

Section 132(4)

Answer 5

No defence to charge even if offender believed the complainant was 12 years of age.

Question 6

Definition of an indecent act

Answer 6

An act accompanied by circumstances of indecency.

Question 7

R v Court

Answer 7

Indecency means the conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 8

R v Dunn

Answer 8

Indecent act must be more than trifling and be sufficient to warrant the sanction of the law

Question 9

Section 134(1) Liability

Answer 9

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

Question 10

Defence to Section 134

Answer 10

Consent is a defence

Question 11

R v Leeson

Answer 11

Indecent assault is an assault accompanied with circumstances of indecency

Question 12

Section 135 liability

Answer 12

Indecent assault
- a person
- indecently assaults
- another person

7 years imprisonment

Question 13

What to prove in an indecent assault

Answer 13

• defendant intentionally assaulted the complainant
• circumstances were indecent
• defendant intended the conduct that a reasonable person would find indecent
• complainant did not consent to

Question 14

Section 130 liability

Answer 14

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

Question 15

Incest - knowledge of relationships

Answer 15

Essential person charged knew of their relationship before or at the time of the sexual connection

Question 16

Section 131(1) liability

Answer 16

Sexual conduct with dependent family member

• a person
• has sexual connection
• with dependant family member under 18

7 years imprisonment

Question 17

S/C with dependant. Must prove

Answer 17

Offender had power or authority over the dependant person

Question 18

Section 131B liability

Answer 18

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

Question 19

Grooming offence complete

Answer 19

Offence complete when parties meet or defendant travels to meet the victim with relevant intent

Question 20

Section 138 liability

Answer 20

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

Question 21

Significant impairment defined

Answer 21

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