Sexual conduct with young person under 16 134(1) CA 1961

Question 1

What are the Elements for Sexual conduct with young person under 16
134(1) CA 1961

Answer 1

Sexual conduct with young person under 16
134(1) CA 1961

• A person
• Has sexual connection with
• A young person

Question 2

A person

Answer 2

Person
JN CE – Gender neutral

RTS

Question 3

Has sexual connection with

Answer 3

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.

Consent (s134A – not a defence)
12-15 can provide consent.
Defences - Offender must take reasonable steps to find out age / believe on reasonable grounds at the time that the young person was over 16.

RTS

Question 4

A young person

Answer 4

Young person (134(6) CA 1961)
Under 16 years – Gender neutral.

Forest and Forest – Best possible evidence adduced from age.

RTS