Sexual Conduct With Child Flashcards Preview

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Flashcards in Sexual Conduct With Child Deck (12):
1

Section

Sec 132 (1), Crimes Act 1961

2

Penalty

14 years

3

Ingredients

1) Everyone
2) Has sexual connection
3) With A Child

4

Person

Gender neutral. Proven by judicial notice or circumstantial evidence.

5

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

6

Introduction - Sec 2(1A) Crimes Act 1961

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

Section 2(1A) Crimes Act 1961.

7

Proof of Penetration is Required

Proof may be provided by:

- Complainants 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 a naturally occurring male or female genitalia (whether the person concerned is male, female or of indeterminate sex).

Section 2, Crimes Act 1961

9

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

10

Child - Sec 132 (6)(a), Crimes Act 1961

Child means person under the age of 12 years.

Sec 132 (6)(a),Crimes Act 1961

11

R v Forrest and Forrest

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

12

Proving Age

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