Sexual Conduct with Dependant Family Member

Question 1

Sexual conduct with dependant family member - section and ingredients

Answer 1

Section 131(1) of Crimes Act 1961 (7 years)

1. Everyone
2. Has sexual connection
3. With a dependant family member under 18 years

Question 2

What is a sexual connection

Answer 2

a) a connection effected by the introduction into the genitalia or anus of a person other than for genuine medical purposes, of
- another persons body part
- an object held or manipulated by another person
OR
b) connection between the tongue and mouth of a person and a part of another persons genitalia or anus
OR
c) the continuation of connection described above

Question 3

What is penetration

Answer 3

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect a connection

Question 4

How would you prove of penetration

Answer 4

• complainants evidence
• medical examination (DNA, injuries)
• admissions made by accused

Question 5

What is a Dependant Family Member

Answer 5

a person is a dependant family member of another if the other person has power or authority over him or her
ie. parent, step parent, foster, guardian, uncle, aunt etc

also includes other culturally recognised family group or someone who has responsibility for, or significant role in his or her care or upbringing

Question 6

R V Forrest and Forrest - proving age

Answer 6

The best evidence possible in the circumstances should be adduced by the Prosecution in proof of the Victims age

This generally involves producing the victims birth certificate in conjunction with independent evidence that identifies the victim as the person named in the certificate