Unlawful Sexual Intercourse

Unlawful Sexual Intercourse

A person will be guilty of an offence if they have sexual intercourse with a person under the age of 17 years.

A person will be guilty of an aggravated offence if they have sexual intercourse with a person under the age of 14 years.  A person who is in a position of authority (for example, a teacher, foster parent, or medical practitioner) who has sexual intercourse with a person under the age of 18 years will be guilty of an offence. A person who has sexual intercourse with a person knowing that the other person has a intellectual disability will be guilty of an offence.

What the prosecution must prove

The prosecution must prove that:

  • sexual intercourse took place;
  • the person was under a specific age;
  • you had knowledge that you were having sexual intercourse with a person who was under the specific age or was incapable of giving adequate consent due to intellectual disability.

Defences

There are a range of possible defences including, but not limited to, the following:

  • honest and reasonable mistake of fact.

Penalties

The maximum penalty for an offence with a person under the age of 14 years is life imprisonment. The maximum penalty for an offence other than that with a person under the age of 14 years is 10 years imprisonment.

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