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7.3.16.4 - Checklist: Indecent Act with a child under 16 (1/1/92 – 21/10/14) - Consent not in issue

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Six elements that the prosecution must prove beyond reasonable doubt:

  1. The accused [committed/was a party to the commission of] the alleged act; and
  2. The accused [wilfully committed/was wilfully a party to] the act; and
  3. The act occurred in indecent circumstances; and
  4. The accused did the act [with/in the presence of] the complainant; and
  5. The complainant was under the age of 16 at the time the act was committed; and
  6. The accused was not married to the complainant at the time the act was committed.

 

Accused's Acts

1. [Did the accused commit/Was the accused a party to the commission of] the alleged act?

If Yes, then go to 2

If No, then the accused is not guilty of
committing an indecent act with a child under 16

Accused's mental state

2. [Did the accused wilfully commit/Was the accused wilfully a party to] the act?

If Yes, then go to 3

If No, then the accused is not guilty of
committing an indecent act with a child under 16

Indecent Circumstances

3. Did the act occur in indecent circumstances?

Consider – sexual connotation

If Yes, then go to 4

If No, then the accused is not guilty of
committing an indecent act with a child under 16

Complainant’s Involvement

4. Did the act take place [with/in the presence of] the complainant?

If Yes, then go to 5

If No, then the accused is not guilty of
committing an indecent act with a child under 16

Complainant’s Age

5. Was the complainant under the age of 16 at the time the act was committed?

If Yes, then go to 6

If No, then the accused is not guilty of
committing an indecent act with a child under 16

No Marital Relationship

6. Were the accused and the complainant married to each other at the time that the act took place?

 

If Yes, then the accused is not guilty of
committing an indecent act with a child under 16

If No, then the accused is guilty of committing an

indecent act with a child under 16 (as long as you

answered yes to questions 1, 2, 3, 4 and 5)

Last updated: 22 January 2016

See Also

7.3.16 - Indecent Act with a Child under 16 (1/1/92 – 30/6/17)

7.3.16.1 - Charge: Indecent Act with a Child Under 16 (22/10/14 – 30/6/17) - Consent not in issue

7.3.16.2 - Checklist: Indecent Act with a Child Under 16 (22/10/14 – 30/6/17) - Consent Not in Issue

7.3.16.3 - Charge: Indecent Act with a child under 16 (1/1/92 – 21/10/14) - Consent not in issue

7.3.16.5 - Charge: Indecent Act with a Child Under 16 (1/7/15 – 30/6/17) - Consent in issue

7.3.16.6 - Charge: Indecent Act with a Child Under 16 (22/10/14 – 30/6/15) - Consent in issue

7.3.16.7 - Checklist: Indecent Act with a Child Under 16 (22/10/14 – 30/6/17) - Consent in Issue

7.3.16.8 - Charge: Indecent Act with a child under 16 (1/12/06 – 21/10/14) - Consent in issue

7.3.16.9 - Charge: Indecent Act with a child under 16 (1/1/92 – 1/12/06) - Consent in issue

7.3.16.10 - Checklist: Indecent Act with a child under 16 (1/1/92 – 21/10/14) - Consent in Issue