Sexual Offences Children Flashcards
Sec 28, having intercourse with an older child, what must occur for the offence?
A person over 16 and a child aged 13,14 or 15
Penetration of the mouth, anus or vagina with penis
Sec 18, rape of a young child, what must occur for the offence?
Intentional or reckless penetration of the vagina, mouth, or anus with a penis
Who is deemed to hold a position of trust?
Looks after >18 in an institution where they are detained by court
Looks after <18 in a school/higher education (same school)
Look after= regularly cares for, teaches, trains, supervises, or in sole charge of.
Person has or has had parental responsibility, or fulfils any such responsibilities (step parent)
Who is deemed to have a position of trust in relation to a mentally disordered person?
If they are:
Providing care services to the victim,
Or
Are employed with a hospital or care service from which the victim is being given treatment
What is Sexual abuse of trust
For a person >18 in a position of trust to engage in sexual activity with an <18 in their care
What is sexual abuse of trust of a mentally disordered person?
Person (any age) engages in sexual conduct with a mentally disordered person in their care
What would you libel if >1 offence took place at once?
The most serious
What would you libel if >1 offences took place over time?
All of them
What defence exists for offences against older children?
Reasonably believed they were 16 (not available for someone who has prev conv of sexual offence
What defences exist in relation to offences involving a position of trust?
Reasonably believed they were 18
Reasonably believed they were not in a position of trust
They were married
Sexual relationship existed before the position of trust
What defences exist in relation to offences involving a position of trust with a mentally disordered person?
Didn’t know they had a mental disorder
Didnt know they had a position of trust
They were married at the time
Sexual relationship existed before the position of trust
What defences exist in relation to offences against young children?
None
