7.3.7.3.7 – Checklist: Sexual Penetration of a Girl Under 10 (Offences Committed Between 1/3/1981 and 4/8/1991)
Three elements the prosecution must prove beyond reasonable doubt:
1. The accused took part in an act of sexual penetration with a girl; and
2. The accused sexually penetrated the complainant intentionally; and
3. The complainant was under the age of 10 at the time of the sexual penetration.
Sexual Penetration
1. Did the accused sexually penetrate the complainant?
If yes, then go to 2
If no, then the accused is not guilty of sexual penetration of a girl under 10
Intention
2. Did the accused intend to sexually penetrate the complainant?
If yes, then go to 3
If no, then the accused is not guilty of sexual penetration of a girl under 10
Age of complainant
3. Was the complainant a girl under the age of 10 at the time of the sexual penetration?
If yes, then the accused is guilty of sexual penetration of a girl under 10 (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 girl under 10