Statutory Rape

Question 1

what is the section 15(1) definition of statutory rape

Answer 1

A person (A) who commits an act of sexual penetration with a child (B) who is 12 years or older but below 16 years, despite the consent of B to the commission of the act, Is guilty of the offence of having committed an act of consensual, penetration with a child unless A was
A) 12 years or older but below 16 years or
b) either 16/17 years and age difference between A and B was not over 2 years

Question 2

what are the elements of statutory rape

Answer 2

Unlawfulness
fault
sexual penetration
the child

Question 3

discuss the sexual penetration element

Answer 3

s1(1) def

Question 4

discuss the child element

Answer 4

s(1) read with s15(1)
person below 18 years
refined by s15(1): children between 12 and 16

Question 5

discuss the unlawfulness element

Answer 5

sexual penetration with child between age of 12 and 16 with consent
section 57(1) children are presumed to be incapable of sexual consent
statutory defence: s56(a)- deception
official capacity

Question 6

discuss the fault element

Answer 6

dolus req
intetion to unlawfully and consensually sexually penetrate persons between 12 and 16
no fault if accused is between 12 and 16 or 16/17 years and age difference is below 2 years