Sexual Conduct (indecent act) on a Child under 12 (3)

Question 1

Section

Answer 1

Sec 132 (3), Crimes Act 1961

Question 2

Penalty

Answer 2

10 years

Question 3

Ingredients

Answer 3

1) Everyone
2) Does an indecent act
3) On A Child

Question 4

Person

Answer 4

Gender neutral. Proven by judicial notice or circumstantial evidence.

Question 5

Indecent Act

Answer 5

An act that is indecent has sexual connotations and involves conduct directed at a person that is offensive to public moral values

Question 6

R v Court

Answer 6

Indecency means conduct that right thinking people will consider an affront to the sexual modesty of the complainant

Question 7

Immaterial whether

Answer 7

If such an act is done with the consent of a child, it is immaterial whether the offender does the act on the child, the child does the act on the offender or the act is mutual.

Question 8

Does an indecent act

Answer 8

S132(6)(b) CA61

Doing an indecent act on a child includes indecently assaulting the child

Question 9

Child

Answer 9

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

Child means person under the age of 12 years.

Question 10

R v Forrest and Forrest

Answer 10

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

Question 11

Proving Age

Answer 11

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.