Young Person/Child

Question 1

What does s132(4) describe?

Answer 1

There is no defence to a charge of sexual conduct with a child, that the offender believed the child was over the age of 12 years old.

Question 2

Name a situation where a person cannot be charge with sexual conduct with a young person?

Answer 2

If they were married to the young person at the time of the sexual connection or indecent assault occurred.

Question 3

If a 16 year old has sexual conduct with a 15 year old, can the 15 year old be charged as a party to the offence?

Answer 3

No, they cannot be charge as a party to the offence if the person charged with the offence is of or over the age of 16 years old

Question 4

What is the statutory defence in respect to s134A, Crimes Act 1961?

Answer 4

It is a defence to a charge under s134 if the person charged proves;

• Before the act occurred, they had taken reasonable steps to find out whether the young person was of or over the age of 16 years old and
• At the time of the act concerned, they believed on reasonable grounds that the young person was of or over the age of 16 and
• The young person consented

Except to the extent provided above;

• It is not a defence to a charge under s134 that the young person consented
• It is not a defence to a charge under s134 that the person charged believed that the young person concerned was of or over the age of 16 years.