Indecent Act On A Child Flashcards Preview

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Flashcards in Indecent Act On A Child Deck (10):
1

Section

Sec 132 (3), Crimes Act 1961

2

Penalty

10 years

3

Ingredients

1) Everyone
2) Does an Indecent Act
3) With A Child

4

Indecent Act

An act that is "indecent" has sexual connotations and involves conduct directed at a person that is offensive to public moral values.

5

R v Court - Indecency

Indecency means conduct that right-thinking people will consider an affront to the sexual modesty of the complainant.

6

If Child Consents

If such an act is done with the consent of the child, it is immaterial whether:

- the offender does the act on the child
- the child does the act of the offender
- the act is mutual

7

Sec 132 (6)(b) Crimes Act 1961

Doing an indecent act on a child includes indecently assaulting the child.

8

Child - Sec 132 (6)(a), Crimes Act 1961

Child means person under the age of 12 years.

Sec 132 (6)(a),Crimes Act 1961

9

R v Forrest and Forrest

The best evidence possible should be adduced by the prosecution in proof of the victim's age.

10

Proving Age

In practice, this generally involves producing the victim's birth certificate, in conjunction with some independent evidence that identifies that victim as the person named in the certificate.