Sexual Conduct with a Young Person Under 16

Question 1

Consent of a young person

Answer 1

Some cases young people may be capable of giving legal consent.

Question 2

When precise age if complainant in question

Answer 2

Avoid risk of acquittal, charges may be filed under s132 and s134, or if necessary under s134 only.

Question 3

Defence to Charge Under Section 134

Answer 3

Section 134A, Crimes Act 1961

(1) It is a defence to s134 if person charged proves, -
(a) before the act, s/he has taken reasonable steps to find out whether the young person was of or over 16 years; and
(b) at the time, believed on reasonable grounds the young person was of or over 16 years; and
(c) the young person consented.

(2) Exceptions, -
(a) not a defence if young person consented; and
(b) not a defence if believed the young person was of or over 16 years.