Sexual conduct with child under 12 Section 132(1) CA 1961

Question 1

What is the act and ingredients for Sexual conduct with child under 12

Answer 1

Sexual conduct with child under 12
Section 132(1) CA 1961

• A person
• Has Sexual Connection
• With a Child under 12

Question 2

• A person
  (Offender)

Answer 2

JN CE - Gender Neutral
Refer to Scenario

Question 2

Has Sexual connection with

Answer 2

Sexual connection (s2 CA 1961)
Introduction into genitalia or anus by part of another’s body, object or mouth. Excl legit medical exams etc.

Penetration
Affected by the slightest degree. (Proof by victim statement, admissions, medical exam)

Genitalia (s2 CA 1961)
Including constructed organs - any gender.
Koroheke – Reproductive organs internal/external, including the vulva and labia both internal and external at the opening of the vagina.

S132(4) – not a defence they believed child was over 12
S132(5) Consent is not a defence.

RTS

Question 3

A child under 12

Answer 3

Child
Under 12 years old – Gender neutral.

Forest and Forest – Best possible evidence adduced from age.
(“The best evidence possible in the circumstances
should be adduced by the prosecution in proof of
[the victim’s] age.” Refer to Scenario )

RTS