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7.3.23.2 - Checklist: Carnal Knowledge of a Girl Under 10 (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; and

2. The accused sexually penetrated the complainant intentionally; and

3. The complainant was under the age of 10 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?

If yes, then go to 2

If no, then the accused is not guilty of carnal knowledge of a girl under 10

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 under 10

Age of complainant

3. Was the complainant under the age of 10 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 under 10

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 under 10 (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 under 10

 

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)

7.3.23.3 - 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)

7.3.23.6 - Checklist: Carnal Knowledge of a Girl 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)