Criminal Code Act 1995

Div 272 inserted by No 42 of 2010, s 3 and Sch 1 item 4, effective 15 April 2010.

Subdiv B inserted by No 42 of 2010, s 3 and Sch 1 item 4, effective 15 April 2010.

S 272.17 substituted by No 72 of 2019, s 3 and Sch 6 item 1, applicable on and after 21 September 2019 in relation to offences alleged to have been committed before 21 September 2019. S 272.17 formerly read:

SECTION 272.17 Defence based on valid and genuine marriage  
Offences involving engaging in sexual intercourse or other sexual activity with child or young person

(1)
It is a defence to a prosecution for an offence against subsection 272.8(1), 272.9(1), 272.12(1) or 272.13(1) if the defendant proves that:

(a) at the time of the sexual intercourse or sexual activity, there existed between the defendant and the child or the young person a marriage that was valid, or recognised as valid, under the law of:

(i) the place where the marriage was solemnised; or

(ii) the place where the offence was committed; or

(iii) the place of the defendant ' s residence or domicile; and

(b) when it was solemnised, the marriage was genuine.

Note:

A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

Offences involving procuring or " grooming " child for sexual activity

(2)
It is a defence to a prosecution for an offence against subsection 272.14(1) or 272.15(1) if the defendant proves that:

(a) at the time he or she committed the offence, there existed between the defendant and the child a marriage that was valid, or recognised as valid, under the law of:

(i) the place where the marriage was solemnised; or

(ii) the place where the offence was committed; or

(iii) the place of the defendant ' s residence or domicile; and

(b) when it was solemnised, the marriage was genuine.

Note:

A defendant bears a legal burden in relation to the matter in this subsection, see section 13.4.

S 272.17 inserted by No 42 of 2010, s 3 and Sch 1 item 4, effective 15 April 2010.