Sexual conduct with young person under 16 134(3) CA 1961

Question 1

What are the Element for Sexual conduct with young person under 16
134(3) CA 1961?

Answer 1

Sexual conduct with young person under 16
134(3) CA 1961

• A person
• Does indecent act on
• A young person

Question 2

A person

Answer 2

Person
JN CE – Gender neutral

RTS

Question 3

Does indecent act on

Answer 3

Indecent act (s2 CA 1961)
- Does indecent act on another
- Permits person to do indecent act on them

Court – Conduct that right-thinking people will consider an affront to the sexual modesty of complainant.

Dunn – Indecency must be judged in light of the time, place and circumstances.

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 (s134(6) )
Under 16 years – Gender neutral.

Forest and Forest – Best possible evidence adduced from age.

RTS