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7.3.15.2 – Checklist: Sexual Assault of a Child under 16 (From 1/7/17)

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Four elements the prosecution must prove beyond reasonable doubt:

1. The accused intentionally touched the complainant; and

2. The complainant was under the age of 16; and

3. The touching was sexual; and

4. The touching was contrary to community standards of acceptable conduct.

Intentional touching

1. Did the accused intentionally touch NOC?

If Yes then go to 2

If No, then the accused is not guilty of Sexual Assault of a child under 16

Complainant under the age of 16

2. At the time of the act, was NOC under the age of 16?

If Yes then go to 3

If No, then the accused is not guilty of Sexual Assault of a child under 16

Sexual touching

3. Was the touching sexual?

Consider – Touching may be sexual because of the area of body touched, the fact that the person doing it seeks or gets sexual arousal or gratification from the touching, or any other reason.

If Yes then go to 4

If No, then the accused is not guilty of Sexual Assault of a child under 16

Contrary to community standards of acceptable conduct

4. Was the touching contrary to community standards of acceptable conduct?

Consider – Relevant matters include the circumstances of the touching and whether the accused was seeking or got sexual arousal or gratification

Consider – Whether NOC consented to the touching or whether NOA believed NOC consented to the touching is not relevant to this element

If Yes then the accused is guilty of Sexual Assault of a child under 16 (as long as you also answered Yes to Questions 1, 2 and 3)

If No, then the accused is not guilty of Sexual Assault of a child under 16

Last updated: 1 July 2017

See Also

7.3.15 - Sexual Assault of a child under 16 (From 1/7/17)

7.3.15.1 - Charge: Sexual Assault of a Child Under 16 (From 1/7/17)