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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 16.
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 16
Complainant under age of 16
2. At the time of the act, was NOC under the age of 16?
If Yes then the accused is guilty of Sexual Penetration of a child under 16 (as long as you also answered Yes to Question 1)
If No, then the accused is not guilty of Intentional Sexual Penetration of a child under 16
Last updated: 1 July 2017