ipl-logo

How Does Alex Committed A Number Of Sexual Offences Against Children

1511 Words7 Pages

QUESTION 1 (i)

The scenario given is one regarding Alex, a fourteen-year-old teenage boy, who has had experimental sexual intercourse with the victim – Simone, a twelve-year-old girl. Hence, on the face of it, Alex has committed a number of sexual offences against children under the age of thirteen, contrary to the Sexual Offences Act 2003. The various strict liability offences committed by Alex will be discussed as follows.

The first and most serious offence Alex has perpetrated is the statutory rape of a child under the age of thirteen. By virtue of Section 5(1) of the Sexual Offences Act 2003, it is provided that a person commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, and (b) the other person is under thirteen. It may be clearly concluded that the actus reus has been satisfied in this case as Alex, being a boy, would have penetrated Simone’s vagina with his penis during their act of sexual intercourse. The mens rea on the other hand has also been satisfied as it may be inferred from his agreement to perform the act that he had the intention. As these types of offences are strict …show more content…

Section 9 is more or less a combination of the essence found in section 6 and section 7 of the act. However, it should be noted that this section has been further subdivided to section 9(1) and section 9(2) instead of being contained in two separate sections, and they are to be applied in conjunction with section 13 of the SOA 2003 in this scenario. Section 10 on the other hand is also approximately similar to section 8, however the difference is that section 10 sets out a defence of reasonable belief that the victim is over

Show More
Related
673 Words | 3 Pages

On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.

Read More
588 Words | 3 Pages

You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.

Read More
1032 Words | 5 Pages

Some significant aggravating factors include: - Parents breached their position of trust - Failed to provide to their son - One year of abuse - One month of confinement - Aggravated sexual assault Some noteworthy mitigating factors to consider include: - Parents claim that boy was “out-of-control” - Father suffers from PTSD - Confessions to some crimes - Father stated he is remorseful I will take into account the psychologist’s testimony opposing the accused’s claim about their son, early confessions, and the accused’s [father] statement about being remorseful. I will also note the accused’s prior occupation [RCMP] and the fact that he has no prior violent record. In respect of the aggravated sexual assault charge, I believe a reasonable sentence is 20 years of imprisonment [concurrent sentence].

Read More
954 Words | 4 Pages

There were claims on the Manton case study that Dixon had prior history of engaging in sexual activity at his high school, which led Dixon to be suspended twice for the prior sexual acts. At the time of this incident, Dixon was 18 years old, and the “victim” was 15 (Manton, 2005). Following this factual information, Dixon at that time claimed that the sexual act was consensual and accused the girl of fabricating the story because of fear of her parents finding out and punishing her for sleeping with a black man (Manton, 2005). Several charges were suggested for Dixon which included: statutory rape, aggravated child molestation, rape, sexual battery, false imprisonment, and aggravated assist (Manton, 2005). Dixon was then acquitted of a majority of the charges and found Dixon guilty of statutory rape and aggravated child molestation (Manton,

Read More
1352 Words | 6 Pages

1. The key issue in this case is the well-being of Elijah. In the Children and Young Persons (Care and Protection) Act 1998 (NSW) s.9(1) states that “the safety, welfare and wellbeing of the child/young person are paramount.” This law is relevant to this case as clearly there are clearly some issues between Sophie and her son which is affecting the child.

Read More
1926 Words | 8 Pages

Children have been found to experience much higher levels of communication difficulty in the criminal justice system and this diminishes their ability to give evidence with the coherence desired by the court to facilitate prosecution of crime. In the case of R-v- Green youth court, the court held that There was no absolute right for a defendant to be allowed to face his accusers. Special measures to protect a vulnerable or intimidated witness from the accused would not normally be applicable to a defendant witness, but other means were available to a court to assist a defendant in ensuring that where he had communication difficulties, his case was put across properly. The court had an obligation to achieve fairness in each particular case, and that requirement was met by the system. This application was dismissed but the ruling gave critical understanding that a child under 17 years qualifies to be a vulnerable witness if they have communication difficulty and vulnerability was more circumstantial than mere age

Read More
942 Words | 4 Pages

Article Presentation Kathleen Harris and Alison Crawford (2015) wrote article in relation to, Robin Camp, a federal Canadian court judge, who was adjudicating a sexual assault case involving a 19-year-old women in Calgary, AB in 2014. During the victim’s testimony, Judge Camp asked the 19-year-old women “why she could not just keep her knees together” and “why didn’t you just sink your bottom down into the basin so he couldn’t penetrate you” (Crawford & Harris, 2015). These statements spark issues with the public and our judicial system. Due to this statement, Judge Camp has received many complaints, as well as, under review for his behaviour from the council.

Read More
998 Words | 4 Pages

Offenses against the Person Chapter 21. Sexual Offences” that: “(A) any contact between any part of the genitals of one person and the mouth or anus of another person; or (B) the penetration of the genitals or the anus of another person with an object." 21.01(1).”

Read More
406 Words | 2 Pages

Chapter four refers to specificity "as the scope of criminal law" (Bohm & Haley, 2014, p.97). These acts can be ruled not criminal if certain information is not proven to have been present when the crime was committed. The state rules for sex offenders that have been convicted of this crime be persecuted and their information made public. This reminds

Read More
5416 Words | 22 Pages

It is said that Mr Cordell had been found guilty on the 3rd 4th August 2015, to which he disputes to be correct, evidence of Mr. Simon Cordell Barristers submissions inclusive of the court transcripts of the day of trial. The respondent’s case is that Mr Simon Cordell has been accused of being integrally involved in the organisation of illegal raves in Enfield. Part of the Barrister submissions that represented Simon Cordell, had been that the allegations were that he was involved in the organizing of illegal raves, but the respondent hadn’t adduced evidence, of trespass or evidence of breach of the licensing Act 2003 which is a requirement for proving, that an indoor rave was illegal the Deputy District Judge ruled that the respondent did

Read More
943 Words | 4 Pages

Mrs. Smith English 111 Jan. 28, 2023 Rhetorical analysis: “Legal system has never had an answer for violent kids” In this article, the author, Stephen L. Carter, goes into detail on the reasons why the legal system is confused or conflicted on whether they should or shouldn’t charge young children below the age of 10 for their crimes. This article is somewhat controversial because of the recent case that happened in Virginia with the 6-year-old, but he uses this to his advantage to get his point across and to try and shed some light on the way the justice system has and continues to handle these cases in the past. Not only is the topic something controversial, but his opinion on what they could do and how to solve it is also controversial.

Read More
1024 Words | 5 Pages

Section 6 of the act

Read More
999 Words | 4 Pages

This court deals with cases connected with the care and protection of children and with criminal matters concerning children and young people who are under the age of 18 or who were under 18 at the time of an alleged offence. The key difference between the Children’s Court and any other court is that it is a closed court. This means that the identity of the offender is protected from the media and the public. This is to ensure that they are not identified and labelled as a criminal. The Children’s Court is presided over by a magistrate, who plays an active role in the trial and questioning, rather than hearing cases from the prosecutor and defence.

Read More
650 Words | 3 Pages

My father had not been able to contribute gruesome details of sexual abuse, as he had been falsely accused. However, this is not his story or a cry for criminal justice reform; it is the reality I faced which allowed me to grow from frightened child into brave young adult. The following week, in the spring of my sophomore year of high school, I received an F on the biology test I took time to prepare for: the test interrupted

Read More
2732 Words | 11 Pages

The willingness of the victim to commit an offence upon him or her makes the offender legally stronger. The consent of the victims whom the law intended to protect encourages the offender. Victim solicitation even more than victim’s consent, confers on the act a kind of legitimacy

Read More

More about How Does Alex Committed A Number Of Sexual Offences Against Children

Related Topics

Open Document