Sexual Conduct with a child under 12 - Indecent Assault Flashcards Preview

CIB Induction - Auckland 2017 > Sexual Conduct with a child under 12 - Indecent Assault > Flashcards

Flashcards in Sexual Conduct with a child under 12 - Indecent Assault Deck (10)
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1
Q

Sexual Conduct with a child under 12 - Indecent Assault

A

Section 132 (3) Crimes Act 1961

2
Q

Penalty

A

10 years

3
Q

Elements

A
  1. Everyone
  2. Does an indecent act
  3. On a child
4
Q

Everyone

A

Person - Gender Neutral. Proven by judicial note or circumstantially.

5
Q

Indecent Act

A

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

6
Q

Indecency - R v Court

A

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

7
Q

Immaterial as to consent by child

A
  • the offender does the act on the child
  • the child does the act on the offender
  • the act is mutual
8
Q

Section 132 (6) (b)

A

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

9
Q

Child

A
Child means a person under the age of 12 years
Section 132 (6) (a) Crimes Act 1961
10
Q

Proving age - Forrest & Forrest

A

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

Decks in CIB Induction - Auckland 2017 Class (65):