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7.3.23.6 - Checklist: Carnal Knowledge of a Girl Between 10 and 16 (Pre-1/3/81)

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Four elements the prosecution must prove beyond reasonable doubt:

1. The accused took part in an act of sexual penetration with a girl on the dates specified; and

2. The accused sexually penetrated the complainant intentionally; and

3. The complainant was between the age of 10 and 16 at the time of the sexual penetration; and

4. The complainant was not married to the accused.

Sexual Penetration

1. Did the accused sexually penetrate the complainant between the dates specified in the indictment?

Consider – You must be satisfied beyond reasonable doubt that the sexual penetration took place between the dates alleged

If yes, then go to 2

If no, then the accused is not guilty of carnal knowledge of a girl between 10 and 16

Intention

2. Did the accused intend to sexually penetrate the complainant?

If yes, then go to 3

If no, then the accused is not guilty of carnal knowledge of a girl between 10 and 16

Age of complainant

3. Was the complainant a girl between the age of 10 and 16 at the time of the sexual penetration?

If yes, then go to 4

If no, then the accused is not guilty of carnal knowledge of a girl between 10 and 16

Absence of marriage

4. Has the prosecution proved that at the time of the sexual penetration the complainant was not married to the accused?

If yes, then the accused is guilty of carnal knowledge of a girl between 10 and 16 (as long as you also answered yes to questions 1, 2 and 3)

If no, then the accused is not guilty of carnal knowledge of a girl between 10 and 16

 

Last updated: 30 May 2014

See Also

7.3.23 - Sexual Offences Against Children (Pre-1/1/92)

7.3.23.1 - Charge: Carnal Knowledge of a Girl Under 10 (Pre-1/3/81)

7.3.23.2 - Checklist: Carnal Knowledge of a Girl Under 10 (Pre-1/3/81)

7.3.23.3 - Charge: Sexual Penetration of a Child under 10 (1/3/81 - 4/8/91)

7.3.23.4 - Checklist: Sexual Penetration of a Girl Under 10 (1/3/81 - 4/8/91)

7.3.23.5 - Charge: Carnal Knowledge of a Girl Aged between 10 and 16 (Pre-1/3/81)

7.3.23.7 - Charge: Sexual Penetration of a Child Aged Between 10 and 16 (1/3/81 - 4/8/91)

7.3.23.8 - Checklist: Sexual Penetration of a Girl Between 10 and 16 (1/3/81 - 4/8/91)