Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision B
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Sexual offences against children outside Australia
SECTION 272.16
Defence based on belief about age
Offences involving sexual intercourse or other sexual activity with a child - belief that child at least 16
(1)
It is a defence to a prosecution for an offence against section 272.8 or 272.9 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the child was at least 16.
Offences involving sexual intercourse or other sexual activity with young person - belief that young person at least 18
(2)
It is a defence to a prosecution for an offence against section 272.12 or 272.13 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the young person was at least 18.
Procuring and " grooming " offences - belief that child at least 16
(3)
It is a defence to a prosecution for an offence against section 272.14 , 272.15 or 272.15A if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence, he or she believed that the child was at least 16.
Trier of fact may take into account whether belief reasonable
(4)
In determining whether the defendant had the belief mentioned in subsection (1), (2) or (3), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 272 - Child sex offences outside Australia
View history note
Hide history noteOffences involving sexual intercourse or other sexual activity with a child - belief that child at least 16
(1)
It is a defence to a prosecution for an offence against section 272.8 or 272.9 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the child was at least 16.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Offences involving sexual intercourse or other sexual activity with young person - belief that young person at least 18
(2)
It is a defence to a prosecution for an offence against section 272.12 or 272.13 if the defendant proves that, at the time of the sexual intercourse or sexual activity, he or she believed that the young person was at least 18.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Procuring and " grooming " offences - belief that child at least 16
(3)
It is a defence to a prosecution for an offence against section 272.14 , 272.15 or 272.15A if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence, he or she believed that the child was at least 16.
Note:
A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4 .
Trier of fact may take into account whether belief reasonable
(4)
In determining whether the defendant had the belief mentioned in subsection (1), (2) or (3), the trier of fact may take into account whether the alleged belief was reasonable in the circumstances.
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