Indecent act on dependent family member (Section 131(3) Crimes Act 1961)

Charge 1: Indecent act on a dependent family member under section 131(3) 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 is Ms Jones’ step-parent?
	[Note: “Dependent family member” is defined in s 131A of the Crimes Act, and the question should be amended to meet the facts of the case and to refer to the specific person who is alleged to have the power or authority.] If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith had power or authority over Ms Jones?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that Ms Jones was under the age of 18 at the time?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Mr Smith intentionally touched Ms Jones’ inner thigh?
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that, in the circumstances, the touching would be regarded as indecent by right-thinking members of our community?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith was aware of the aspects of the touching, and the surrounding circumstances, which right-thinking members of the community would consider made his behaviour indecent?
	If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.