Sexual Conduct (indecent act) on a Young Person under 16 (3)

Question 1

Section

Answer 1

Section 134 (3) Crimes Act 1961

Question 2

Ingredients

Answer 2

1) Everyone
2) Does an Indecent Act
3) On a young person

Question 3

Penalty

Answer 3

7 years

Question 4

Everyone

Answer 4

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 5

Indecent Act

Answer 5

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

Question 6

R v Court

Answer 6

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

Question 7

Immaterial Whether

Answer 7

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

• the offender does the act on the young person
• the young person does the act on the offender
• the act is mutual

Question 8

Indecent act on a young person includes…

Sec. 134(6)(b), Crimes Act 1961

Answer 8

Doing an indecent act on a young person includes indecently assaulting the young person

Question 9

Young Person - Sec 134 (6)(a) Crimes Act 1961

Answer 9

Young person means a person under the age of 16 years.

Sec 134 (6)(a) Crimes Act 1961

Question 10

R v Forrest and Forrest

Answer 10

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

Question 11

Proving Age

Answer 11

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