Previous Topic

Next Topic

Book Contents

Book Index

7.3.19.2 - Checklist: Indecent act with a 16 year old child (5/8/91 – 30/11/06) - Consent not in issue

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

 

[This checklist may be used for offences alleged to have been committed before 1 December 2006.

For offences alleged to have been committed on or after 1 December 2006, see: Checklist: Indecent Act With a 16 or 17 Year Old Child (1/12/06 -30/6/17) - Consent Not in Issue.]

 

Seven elements 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 care, supervision or authority of the accused at the time the act was committed; and
  6. The complainant was 16 years old at the time the act was committed; and
  7. 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 16 year old child

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 16 year old child

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 16 year old child

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 16 year old child

Care, Supervision or Authority

5. Was the complainant under the care, supervision or authority of the accused at the time that the act took place?

If Yes, then go to 6

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

Complainant’s Age

6. Was the complainant 16 years old at the time the act was committed?

If Yes, then go to 7

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

 

No Marital Relationship

7. 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 16 year old child

If No, then the accused is guilty of committing an indecent act with a 16 year old child

(as long as you also answered yes to questions 1,2,3,4,5 and 6)

 

 

Last updated: 5 September 2012

See Also

7.3.19 - Indecent act with a 16 year old child (5/8/91 – 30/11/06)

7.3.19.1 - Charge: Indecent act with a 16 year old child (5/8/91 – 30/11/06) - Consent not in issue

7.3.19.3 - Charge: Indecent act with a 16 year old child (5/8/91 – 30/11/06) - Consent in issue

7.3.19.4 - Checklist: Indecent act with a 16 year old child (5/8/91 – 30/11/06) - Consent in issue