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

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

 

When to use this charge

This charge can be used for trials involving offences alleged to have been committed before 1/3/1981 where consent is not in issue.

If consent is in issue, it will need to be modified accordingly. See Sexual Offences Against Children for guidance.

Alternative charges

For other cases see the charges:

 

I must now direct you about the crime of carnal knowledge of a girl aged between 10 and 16. To prove this crime, the prosecution must prove the following 4 elements beyond reasonable doubt.

One - the accused sexually penetrated the complainant, a girl, on the dates specified in the indictment.

Two - the accused did this intentionally.

Three - the complainant was aged between 10 and 16 at the time that the sexual penetration took place.

Four – The complainant was not married to the accused.

I will now explain each of these elements in more detail. [1]

Unlawful Carnal Knowledge

The first element relates to what the accused is alleged to have done. The prosecution must prove beyond reasonable doubt that the accused sexually penetrated a girl, NOC [on / between] [identify dates specified in the indictment]. To find this element proven, you must be satisfied that the sexual penetration took place at that time, rather than at some other time.

[If the conscious, voluntary or deliberate nature of the act is in issue, [2] add: The prosecution must also prove that the relevant acts of the accused were performed consciously, voluntarily and deliberately.]

The law defines sexual penetration as the introduction of a person’s penis into another person’s vagina.

The law says that the vagina includes the external genitalia – that is the outer or external lips of the vagina. So the prosecution can prove this element by proving that [NOA / NOC] introduced his penis to any extent between the outer lips of [NOA/NOC’s] vagina.

[If relevant add:

If the evidence or arguments have placed the conscious, voluntary or deliberate nature of the acts in issue, add the following shaded section

For this element to be met, the act of putting NOA’s penis in NOC’s vagina must have been done consciously, voluntarily and deliberately.

This means that you must find NOA not guilty unless the prosecution can satisfy you that [describe the finding that proves voluntariness in the circumstance of the case, e.g "NOA was conscious and not asleep and dreaming at the time of the penetration"].

In this case [insert evidence and arguments relevant to proof of this element].

Intention

The second element that the prosecution must prove beyond reasonable doubt is that the accused intended to engage in sexual penetration of the complainant. [3]

If intention is not in issue, add the following shaded section

This element is not in issue here. [If appropriate, explain further, e.g. if you are satisfied that the accused [consciously, voluntarily and deliberately] engaged in carnal knowledge of the complainant, you should have no trouble finding that s/he did so intentionally.]

Girl Aged Between 10 and 16

The third element relates to the complainant. The prosecution must prove that she was aged between 10 and 16 when the alleged act of carnal knowledge took place.

In this case, there is no dispute that NOC was aged between 10 and 16 at that time. The main issue in this case is [insert relevant issue]. [4]

Accused Not Married to the Complainant

The fourth element that the prosecution must prove is that the complainant and accused were not married at the time the act of sexual penetration took place.

In this case, there is no dispute that NOC and NOA were not married at that time. The main issue in this case is [insert relevant issue]. [5]

Summary

To summarise, before you can find NOA guilty of unlawful carnal knowledge a girl aged between 10 and 16, the prosecution must prove to you beyond reasonable doubt:

One - that NOA engaged in sexual penetration of a girl, NOC, on the date specified in the indictment; and

Two - that NOA intended to engage in that act of sexual penetration; and

Three - that NOC was aged between 10 and 16 at the time that the act of sexual penetration took place; and

Four – that NOC was not married to NOA at the time that the act of sexual penetration took place.

If you find that any of these elements have not been proved beyond reasonable doubt, then you must find NOA not guilty of carnal knowledge of a girl aged between 10 and 16.

 

Notes

[1] If an element is not in issue it should not be explained in full. Instead, the element should be described briefly, followed by an instruction such as: "It is [admitted / not disputed] that NOA [describe conduct, state of mind or circumstances that meets the element], and you should have no difficulty finding this element proven."

[2] Described hereafter as the "voluntariness" requirement.

[3] Because sexual penetration of a child aged between 10 and 16 is an offence of basic intent (the intent to take part in the act of penetration), the issue of intention will rarely be an independent issue. Mental state issues related to the intention to penetrate (e.g. the negation of intent by involuntariness, unconsciousness or accident) should generally be addressed by voluntariness directions.

[4] If the complainant’s age is disputed, this section of the charge will need to be modified accordingly.

[5] If this element is in issue, this section of the charge will need to be modified accordingly.

 

Last updated: 19 March 2015

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)

7.3.23.6 - 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)