Sexual Connection with Child under 12

Question 1

Section

Answer 1

Section 132(1), Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Ingredients

Answer 3

1) Everyone
2) Has sexual connection
3) With a child

Question 4

Child

Answer 4

Child means a person under the age of 12

Question 5

The best evidence possible in the circumstances should be adduced by the prosecution in proof of the victims age

In practice this generally involves producing the victims birth cert in conjunction with independent evidence that identifies the victim as the person name in the certificate.

Answer 5

R v Forrest and Forrest

Question 6

R v Koroheke

Answer 6

The genitalia comprise the reproduction organ, interior and exterior…they include the Vulva and the labia, both interior and exterior, at the opening of the vagina.

Question 7

Sexual connection

Answer 7

a) Connection effected by the introduction into the genitalia or anus of one person, otherwise than for genuine medical purposes, of
i) a part of the body of another person, or
ii) 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 in paragraph a) or b)

Question 8

penetration

Answer 8

Introduction and penetration have the same meaning

Introduction to the slightest degree is enough to effect connection.

Question 9

Proof of penetration

Answer 9

Complainants evidence
Medical examination (DNA, injuries)
Accused’s admissions

Question 10

Genitalia

Answer 10

Genitalia includes a surgically constructed or reconstructed organ analogous to naturally occurring male or female genitalia (weather the person concerned is male, female, or of indeterminate sex)