A person is guilty of an offence if they, over a period of 3 days, commit more than 1 act of sexual exploitation of a particular child under the age of 16 years.
What court will hear the matter
This matter will be dealt with in the Supreme Court of South Australia.
What the prosecution must prove
The prosecution must prove that:
- you sexually exploited a child under the age of 16 years;
- it was over a period of 3 days;
- you committed more than 1 act;
- you knew the victim was not consenting or was recklessly indifferent as to the consent; and
- you intended to assault the victim.
There are a range of possible defences including, but not limited to, the following:
- honest and reasonable mistake of fact.
If at any time when an act of sexual exploitation of a child was allegedly committed the child was at least 16 years of age and you can prove that you believed on reasonable grounds that the child was of or over the age of 16 years then you can not be guilty of an offence.
The maximum penalty for this offence is life imprisonment.