Flashcards in Sexual Conduct With Child Deck (12):
Sec 132 (1), Crimes Act 1961
2) Has sexual connection
3) With A Child
Gender neutral. Proven by judicial notice or circumstantial evidence.
Sexual Connection - Sec 2 Crimes Act 1961
(a) connection effected by the introduction into the genitalia or anus of one person, otherwise than 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 paragraph (b).
Sec 2 Crimes Act, 1961
Introduction - Sec 2(1A) Crimes Act 1961
Introduction to the slightest degree is enough to effect a connection.
Section 2(1A) Crimes Act 1961.
Proof of Penetration is Required
Proof may be provided by:
- Complainants evidence
- Medical examinations (DNA, injuries)
- Accused's admissions
Genitalia - Sec 2 Crimes Act 1961
Genitalia includes a surgically constructed or reconstructed organ, analogous to a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).
Section 2, Crimes Act 1961
R v Koroheke
The genitalia comprise the reproduction organs, interior and exterior.... they include the vulva and the labia, both interior and exterior at the opening of the vagina.
R v Koroheke
Child - Sec 132 (6)(a), Crimes Act 1961
Child means person under the age of 12 years.
Sec 132 (6)(a),Crimes Act 1961
R v Forrest and Forrest
The best evidence possible should be adduced by the prosecution in proof of the victim's age.