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7.3.13.2 – Checklist: Sexual Penetration of a 16 or 17 year old child (From 1/7/17)

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

Three elements the prosecution must prove beyond reasonable doubt:

1. The accused intentionally sexually penetrated the complainant; and

2. The complainant was aged 16 or 17; and

3. The complainant was under the accused’s care, supervision or authority at the time of the sexual penetration.

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 aged 16 or 17

Complainant aged 16 or 17

2. At the time of the act, was NOC aged 16 or 17?

If Yes then go to 3

If No, then the accused is not guilty of Sexual Penetration of a child aged 16 or 17

Care, supervision or authority

3. At the time of the act, was NOC under NOA’s care, supervision or authority?

If Yes then the accused is guilty of Sexual Penetration of a child aged 16 or 17 (as long as you also answered Yes to Questions 1 and 2)

If No, then the accused is not guilty of Sexual Penetration of a child aged 16 or 17

Last updated: 1 July 2017

See Also

7.3.13 - Sexual Penetration of a 16 or 17 Year Old Child (From 1/7/17)

7.3.13.1 - Charge: Sexual penetration of a 16 or 17 year old child (From 1/7/17)