(i) Sexual activity with a child family member
The prosecution must prove that, during the period set out in Count *
· C** was under the age of 18 and a family member;
· the defendant intentionally touched her;
· the circumstances of the touching were sexual;
· he knew or could reasonably have been expected to know that she was a family member; and
· he did not reasonably believe that she was aged 18 or over.
C**'s evidence is that
The defendant denies this.
So, the key question for you to answer in relation to Count **, having regard to all the evidence and the directions which I give you, is this
Are you sure that the defendant ***?
If the answer is "yes", he is guilty of Count *. If the answer is "no", he is not guilty.
(ii) Sexual activity with a child (incitement)
Counts ** Inciting a child to engage in sexual activity
being a person aged 18 or over
That is not in dispute. D** is aged over 18.
a child under the age of 16
Again, that is not in dispute. C** was aged 13 at the time of the alleged offences.
intentionally incited them to engage in sexual activity, namely kissing and having sex
"inciting" simply means "suggesting", "encouraging" or "trying to persuade".
In the circumstances of this case, kissing and having sex would be a sexual activity.
did not reasonably believe that the girl was aged 16 or over
There is no suggestion that anyone would reasonably believe that C** was aged over 16 and so there is no need to consider this in any detail.
The prosecution case is D**, ... called over to C** and suggested that ***. If that is what happened, D** is guilty of the offence of inciting a child to engage in sexual activity.
The defence ****.
So, the key question for you to answer, having regard to all the evidence and the directions which I give you, is this
Are you sure that D**?
If the answer is "yes", the defendant is guilty. If the answer is "no", he is not guilty.
(iii) Causing a child to watch a sexual act
a person aged 18 or over
That is not in dispute. The defendant is aged over 18.
for the purpose of sexual gratification
That means in order to obtain sexual pleasure, either then, or at some time in the future. So if a man shows a child a video as a step towards persuading the child to engage in the same kind of sexual activity with him at a later date, that is done "for the purpose of his sexual gratification".
intentionally caused a person under the age of 16 years to look at an image of a person engaging in sexual activity
C**'s age is not in dispute. She was under 16.
A video of adults and children performing oral sexual acts on each other is an image of a person engaging in sexual activity.
did not reasonably believe that the girl was aged 16 or over
There is no suggestion that the defendant did not know C**'s true age.
The prosecution case is that ***
The defendant denies this.
So, the key questions for you to answer in relation to Count *, having regard to all the evidence and the directions which I give you, are these
Are you sure that the defendant showed C** a video of adults and children having oral sex?
Are you sure that he did that for the purpose of his sexual gratification?
If the answer to both questions is "yes", the defendant is guilty of Count *. If the answer to either question is "no", he is not guilty.