Under 16 Sexual Offences

Question 1

S. 151 Sexual Interference

Every person….

Answer 1

(1) for a sexual purpose
(2) touches directly/indirectly
(3) with part of body or an object
(4) any part of body of person under 16

Dual procedure offence

Question 2

s. 152 Invitation to Sexual Touching

Every person…

Answer 2

(1) for a sexual purpose
(2) invites, cousels or incites
(3) person under 16
(4) touch directly/indirectly
(5) with part of body/object
(6) the body of any person

Question 3

Exemption (152/152)

Answer 3

12 or 13 yr old cannot be tried for sexual interference or invitation to sexual touching unless:

(1) in a position of trust/authority
(2) relationship of dependency
(3) relationship is exploitative

Question 4

Sexual Exploitation

Answer 4

(1) for a sexual purpose
(2) same fact in issue as interference/invitation/sexual touching
(3) young person - 16 yrs -17
(4) offender must be in one of the defined relationships

Question 5

s. 153(1) - Sexual Exploitation

Answer 5

(1) person in a position of trust/authority towards young person
(2) relationship of dependency with a young person
(3) relationship of exploitative of the young person

Question 6

Presumption of Exploitative Relationship

Answer 6

(1) age of young person
(2) age difference between the person and young person
(3) evolution of the relationship
(4) degree of control or influence by the person over the young person

Question 7

s. 150.1(1) Consent

Answer 7

If complainant under 16 there is no defense that complainant consented

Question 8

Consent is a defense for sexual activity with a 12 or 13 year old when:

Answer 8

(1) there is consent
(2) there is less than 2 years difference and
(3) not in a position of trust/authority, not a relationship of dependency, not exploitative

Question 9

Consent is a defense for sexual activity with a 14 or 15 year old when:

Answer 9

(1) there is consent
(2) there is less than 5 years of age difference and
(3) not in a position of trust/authority, not a relationship of dependency, not exploitative

Question 10

Consent - Mistake of Age

Answer 10

Accused can use this defense if they took all reasonable steps to determine the age of the complainant

What’s considered reasonable steps?

Meeting someone at a nightclub that ID’s people entering etc.

Question 11

Trauma Informed Response

Answer 11

(1) “trauma informed” means recognizing that people often have many different types of trauma in their lives
(2) survivors can be re-traumatized
(3) understanding impact of trauma is important

(4) Reactivating SA memories may occur prior to, during and following disclosure process
- flashbacks
- dissociation
- panic reactions
- self-harm

Question 12

Trauma Informed Response - Won’t report due to:

Answer 12

(1) self blame
(2) fear of family, friends and other finding out
(3) assault made public
(4) being blamed
(5) retaliation
(6) shame and stigma of sexual assault
(7) victim doesn’t fit description of SA victim