Sexual Conduct With a Young Person Flashcards Preview

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Flashcards in Sexual Conduct With a Young Person Deck (12):
1

Section

Section 134 (1)

2

Ingredients

1) Everyone
2) Has Sexual Connection
3) With young person

3

Penalty

10 years

4

Everyone

Gender neutral. Proven by judicial notice or circumstantial evidence.

5

Has Sexual Connection

Sec 2 Crimes Act 1961

a) connection effected by the introduction into the genitalia or anus of one person, except 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 a part of another person's genitalia or anus; or

c) the continuation of connection of a kind described in paragraph a) or b).


Sec 2 Crimes Act 1961

6

Introduction - Sec 2(1A) Crimes Act 1961

Introduction to the slightest degree is enough to effect a connection.

Sec 2(1A) Crimes Act 1961

7

Proof of Penetration is Required

Proof may be provided by:

- the complainant's evidence
- medical examinations (DNA, Injuries)
- accused's admissions

8

Genitalia - Sec 2 Crimes Act 1961

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

9

R v Koroheke

The genitalia comprises the reproductive organs, interior and exterior.. They include the vulva and labia, both interior and exterior at the opening of the vagina.

10

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

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

Sec 134 (6)(a) Crimes Act 1961

11

R v Forrest & Forrest

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

12

Proving Age

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