SEXUAL OFFENCES - Legislation Flashcards
No presumption because of age
s127, CA 1961 - No presumption because of age
There is no presumption of law that a person is incapable of sexual connection because of his or her age. This provision means that any person of any age is capable, in a legal sense, of being involved in sexual connection.
Therefore it would not be a defence to a sex-related charge to say that either of the parties was too young or too old to have sexual connection.
Sexual violation defined
s128, CA 1961 - Sexual violation defined
(1) Sexual violation is the act of a person who—
- rapes another person; or
- has unlawful sexual connection with another person.
Attempted sexual violation defined
s129(1) CA 61 - Attempted sexual violation and assault with intent to commit sexual violation
Every one who attempts to commit sexual violation is liable to imprisonment for a term not exceeding 10 years.
Sexual connection with child under 12
s132, CA 61 - Sexual conduct with child under 12
(1) Every one who has sexual connection with a child is liable to imprisonment for a term not exceeding 14 years.
Sexual connection with a young person under 16
s134, CA 61 - Sexual conduct with a young person under 16
(1) Every one who has sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(2) Every one who attempts to have sexual connection with a young person is liable to imprisonment for a term not exceeding 10 years.
(3) Every one who does an indecent act on a young person is liable to imprisonment for a term not exceeding 7 years.
(4) No person can be convicted of a charge under this section if he or she was married to the young person concerned at the time of the sexual connection or indecent act concerned.
(5) The young person in respect of whom an offence against this section was committed cannot be charged as a party to the offence if the person who committed the offence was of or over the age of 16 years when the offence was committed.
(6) In this section,—
- young person means a person under the age of 16 years; and
- doing an indecent act on a young person includes indecently assaulting the young person.
Defence to charge under section 134
s134A, CA 61 - Defence to charge under section 134
(1) It is a defence to a charge under section 134 if the person charged proves that, —
- before the time of the act concerned, he or she had taken reasonable steps to find out whether the young person concerned was of or over the age of 16 years; and
- at the time of the act concerned, he or she believed on reasonable grounds that the young person was of or over the age of 16 years; and
- the young person consented.
(2) Except to the extent provided in subsection (1),—
- it is not a defence to a charge under section 134 that the young person concerned consented; and
- it is not a defence to a charge under section 134 that the person charged believed that the young person concerned was of or over the age of 16 years.
Indecent assault
s135, CA61 - Indecent assault
Every one is liable to imprisonment for a term not exceeding 7 years who
- indecently
- assaults
- another person.
Assault on a child, or by a male on a female
s194 CA61, Assault on a child, or by a male on a female
Every one is liable to imprisonment for a term not exceeding 2 years who —
- Assaults
- any child under the age of 14 years; or
- Being a male
- assaults any female.
s195 Ill-treatment or neglect of child or vulnerable adult
s195 CA61 - Ill-treatment or neglect of child or vulnerable adult
(1) Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2),
- intentionally
- engages in conduct that, or
- omits to discharge or perform any legal duty the omission of which,
- is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability
- to a child or vulnerable adult (the victim)
- if the conduct engaged in, or the omission to perform the legal duty,
- is a major departure from the standard of care to be expected of a reasonable person.
(2) The persons are—
(a) a person who has actual care or charge of the victim; or
(b) a person who is a staff member of any hospital, institution, or residence where the victim resides.
(3) For the purposes of this section and section 195A, a child is a person under the age of 18 years.
s195A - Failure to protect child or vulnerable adult
s195A - Failure to protect child or vulnerable adult
- Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), has frequent contact with a child or vulnerable adult (the victim) and —
- knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
- an unlawful act by another person; or
- an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
- fails to take reasonable steps to protect the victim from that risk.
- knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
- The persons are —
- a member of the same household as the victim; or
- a person who is a staff member of any hospital, institution, or residence where the victim resides.
- A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.
- For the purposes of this section, —
- a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
- where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.
- In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances
Rape Defined
s128, CA 1961 - Rape defined
(2) Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis,—
- without person B’s consent to the connection; and
- without believing on reasonable grounds that person B consents to the connection.
Unlawful Sexual Connection Defined
s128, CA 1961 - unlawful sexual connection defined
(3) Person A has unlawful sexual connection with person B if person A has sexual connection with person B —
- without person B’s consent to the connection; and
- without believing on reasonable grounds that person B consents to the connection.
Can a married person be convicted of sexual violation
s128, CA 1961 -
(4) One person may be convicted of the sexual violation of another person at a time when they were married to each other.
Assault with intent to commit sexualviolation defined
s129(2) CA 61 - Assault with intent to commit sexual violation
Every one who assaults another person with intent to commit sexual violation of the other person is liable to imprisonment for a term not exceeding 10 years.
Attempted Sexual connection with a child under 12 defined
s132, CA 61 - Sexual conduct with child under 12
(2) Every one who attempts to have sexual connection with a child is liable to imprisonment for a term not exceeding 10 years.
