Short Answers Flashcards
Define Sexual Connection S2 CA1961
Sexual Connection S2, CA61
a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purpose of:
- A part of the body of another person (or)
- An object held or manipulated by another person
(or)
b) Connection between the mouth or tongue of one person and part of another person’s genitalia or anus.
(or)
c) The continuation of connection of a kind described on paragraph (a) or paragraph (b).
Unlawful Sexual Connection - Section 128(3), Crimes Act 1961
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
a) Without person B’s consent to the connection and
b) Without believing on reasonable grounds that person B was consenting to the connection.
What is the defence under s134?
- prior to the act, they had taken reasonable steps to ascertain that the young person was at least 16,
- at the time of the act, they believed on reasonable grounds that the young person was at least 16 and
- the young person consented.
Can a 16 year old female be charged with having sexual intercourse with a 14 year old male?
Yes
Name three circumstances where Police would remove a child from a house hold
In cases involving
- Serious wilful neglect
- Serious physical abuse
- sexual assault
- when a child is witness to a serious assault
- Any allegations made against a CYF carer involving serious physical abuse
- Any allegation made against CYF staff or Police involving serious physical abuse.
S195 CA1961, What is necessary to prove criminal liability in failing to protect a child …
- the offender applies to members of the same household as the victim
- the offender must be 18 years or over.
