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7.3.10.2 – Checklist: Sexual Penetration of a Child Under 12 (From 1/7/17)

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Two elements the prosecution must prove beyond reasonable doubt:

1. The accused intentionally sexually penetrated the complainant; and

2. The complainant was under the age of 12.

Intentional sexual penetration

1. Did the accused intentionally [identify relevant act of sexual penetration] NOC?

If Yes then go to 2

If No, then the accused is not guilty of Sexual Penetration of a child under 12

Complainant under age of 12

2. At the time of the act, was NOC under the age of 12?

If Yes then the accused is guilty of Sexual Penetration of a child under 12 (as long as you also answered Yes to Question 1)

If No, then the accused is not guilty of Sexual Penetration of a child under 12

Last updated: 1 July 2017

See Also

7.3.10 - Sexual penetration of a child under 12 (From 1/7/17)

7.3.10.1 – Charge: Sexual Penetration of a Child Under 12 (From 1/7/17)