Sexual Assault Offences - Underage Provisions and Indecent Assault Flashcards
What section concerns sexual conduct of those under 12 years of age?
Section 132 of the Crimes Act
What is the scope of Section 132 with regards to sexual assault offences?
S 132 covers both sexual connection and indecent assault towards individuals under 12 years old. Consent is not a defence.
Is gender neutral.
What defences are available under Section 128 as supposed to Section 132 with regards to sexual offences?
Under section 128, consent and belief of age are defences that can be raised.
No such defences can raised under s 132.
What section concerns sexual conduct of those under 16 years of age?
Section 134 of the Crimes Act. Scope is similar to S 132
Defence difference between s 132 and s 134?
Unlike s 132, where no consent based and belief of age defences can be raised, s 134 provides a limited defence on those basis.
What is the basis of the limited defences available under section 134?
The accused must prove that the individual consented, that he undertook reasonable steps to ascertain her age and that it was reasonable to believe her.
This comes with a persuasive burden.
What defines indecency for the purposes of S 132, 134 and 135?
What right minded people would regard as indecent. Sexual advances that are rebuffed carries an element of indecency.
Expanded under section 2(1B)
(a) with or on the person
(b) Induces or permits others to do so
What are the actus reus requirements of indecent assault under section 135?
Actus reus
(a) Applies, attempts to apply or threatens to apply force to person B’ body
(b) gives person B reasonable grounds to believe that force will be applied
(c) without person B’s consent
(d) what the reasonable person would regard as indecent
What are the mens rea requirements of indecent assault under section 135?
Mens rea
(a) intent to touch/ threatens to touch
(b) aware that person B is not consenting
(c) intent to do something indecent that the jury would regard as indecent
