Sexual conduct with a child under 12 Flashcards
1
Q
Section
A
Section 132(3), Crimes Act 1961
2
Q
Penalty
A
10 years
3
Q
Ingredients
A
1) Everyone
2) Does an indecent act
3) on a child
4
Q
Indecent Act
A
An act that is “indecent” has sexual connotations and involves conduct directed at a person that is offensive to public moral value
5
Q
Indecency
A
conduct that right thinking people will consider an affront to the sexual modesty of the complainant
6
Q
If such an act is done on with the consent of the child, it is immaterial whether:
A
- the offender does the act on the child
- the child does the act on the offender
- the act is mutual
7
Q
Does doing an indecent act on a child include indecently assaulting the child
A
Yes
8
Q
Child
A
Person under 12
9
Q
What is the best way to prove age
A
birth cert and independent evidence that identifies the victim as the person named on the birth cert
R v Forrest and Forrest
