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7.3.14.2 - Checklist: Sexual penetration of a 16 or 17 year-old child - Consent not in issue

Click here to obtain a Word version of this document for adaptation.

 

The Elements

Five elements the prosecution must prove beyond reasonable doubt:

  1. The accused took part in an act of sexual penetration with the complainant; and
  2. The accused intended to take part in that act of sexual penetration; and
  3. The complainant was either 16 or 17 years of age at the time that the act of sexual penetration took place; and
  4. The accused was not married to the complainant at that time; and
  5. The complainant was under the care, supervision or authority of the accused at that time.

 

Accused’s Acts

1. Did the accused take part in an act of sexual penetration with the complainant?

If Yes, then go to 2

If No, then the accused is not guilty of
sexual penetration of a 16 or 17 year-old child

Accused’s Intention

2. Did the accused intend to take part in that act of sexual penetration with the complainant?

If Yes, then go to 3

If No, then the accused is not guilty of
sexual penetration of a 16 or 17 year-old child

The Complainant’s Age

3. Was the complainant either 16 or 17 years of age at the time that the act of sexual penetration took place?

If Yes, then go to 4

If No, then the accused is not guilty of
sexual penetration of a 16 or 17 year-old child

No Marital Relationship

4. Were the accused and the complainant married to each other at the time that the act of sexual penetration took place?

If Yes, then the accused is not guilty of
sexual penetration of a 16 or 17 year-old child

If No, then go to 5

Relationship of Care, Supervision or Authority

5. Was the complainant in a relationship of care, supervision or authority with the accused at the time that the act of sexual penetration took place?

If Yes, then the accused is guilty of sexual penetration
of a 16 or 17 year-old child

(as long as you also answered
yes to questions 1, 2 and 3, and no to question 4)

If No, then the accused is not guilty of
sexual penetration of a 16 or 17 year-old child

 

Last updated: 1 August 2006

See Also

7.3.14 - Sexual penetration of a 16 or 17 year old child (1/1/92 – 30/6/17)

7.3.14.1 - Charge: Sexual penetration of a 16 or 17 year old child - Consent not in issue

7.3.14.3 - Charge: Sexual penetration of a 16 or 17 year old child (1/12/06 – 30/6/17) - Consent in issue

7.3.14.4 - Charge: Sexual penetration of a 16 or 17 year old child (1/1/92 - 1/12/06) – Consent in issue

7.3.14.5 - Checklist: Sexual penetration of a 16 or 17 year-old child (1/1/92 – 30/6/17) - Consent in issue