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7.3.22.6 - Checklist: Persistent Sexual Abuse of a Child under 16 (1/12/06 - 21/10/14)

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Three elements the prosecution must prove beyond reasonable doubt:

1. The complainant was under 16 between [insert relevant dates]; and

2. The accused and the complainant were not married during this period; and

3. On at least three occasions between [insert relevant dates], the accused committed the crime[s] of [identify relevant sexual offences] against the complainant.

Age of complainant

1. Was the complainant aged under 16 at [insert relevant dates]?

If yes, then go to 2

If no, then the accused is not guilty of persistent sexual abuse of a child

Complainant and Accused not married

2. Has the prosecution proved that the accused was not married to the complainant during this period?

If yes, then go to 3

If no, then the accused is not guilty of persistent sexual abuse of a child

Commission of offence on at least three occasions

3. Did the accused commit the offence[s] of [identify relevant sexual offence(s)] against the complainant on at least three occasions between [insert relevant dates]?

Consider – See separate document for the elements of [identify relevant sexual offence(s)]

If yes, then the accused is guilty of persistent sexual abuse of a child (as long as you also answered yes to questions 1 and 2)

If no, then the accused is not guilty of persistent sexual abuse of a child

Last updated: 22 January 2016

See Also

7.3.22 - Persistent sexual abuse of a child (From 1/7/17)

7.3.22.1 – Charge: Persistent Sexual Abuse of a Child (From 1/7/17)

7.3.22.2 - Checklist: Persistent Sexual Abuse of a Child (From 1/7/17)

7.3.22.3 – Charge: Persistent Sexual Abuse of Child Under 16 (22/10/14 - 30/6/17)

7.3.22.4 – Checklist: Persistent Sexual Abuse of a Child under 16 (22/10/14 – 30/6/17)

7.3.22.5 - Charge: Persistent Sexual Abuse of Child Under 16 (1/12/06 - 21/10/14)

7.3.22.7 - Charge: Maintaining a sexual relationship with a child under 16 (5/8/91 – 30/11/06)

7.3.22.8 – Checklist: Maintaining a sexual relationship with a child under 16 (5/8/91 – 30/11/06)

7.3.22.9 – Jury handout: Identifying occasions for persistent sexual abuse of a child under 16