Exploitative sexual connection with a person who has a significant impairment (Section 138(1) Crimes Act 1961)

Charge 1: Exploitative sexual connection with a person who has a significant impairment under s 138(1) of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.	Are you sure that Mr Smith had sexual connection with Ms Jones [being the introduction of his finger into her genitalia] on 16 April 2020?
	[Note: Amend or delete the words in square brackets above as required.] The slightest degree of introduction of the penis [or another part of Mr Smith’s body] [or object] into the genitalia [or anus] will be sufficient. If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that, at the time Mr Smith introduced his finger into Ms Jones' genitalia, Ms Jones had a significant impairment?
	Note: A significant impairment is an intellectual, mental, or physical condition or impairment (or a combination of 2 or more intellectual, mental, or physical conditions or impairments) that affects a person to such an extent that it significantly impairs the person's capacity— (a) to understand the nature of sexual conduct; or (b) to understand the nature of decisions about sexual conduct; or (c) to foresee the consequences of decisions about sexual conduct; or (d) to communicate decisions about sexual conduct. If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that, at the time Mr Smith introduced his finger into Ms Jones' genitalia, Mr Smith knew Ms Jones had a significant impairment?
	Note: see the definition of significant impairment above at question two. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith took advantage of Ms Jones' significant impairment in order to obtain her acquiescence in, submission to, participation in or undertaking of the sexual conduct?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.