Criminal Code Act 1924  SECT 124

124. Sexual intercourse with young person

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case.

(a) the accused is correctly identified as the offender

(b) the accused took part in an act of sexual penetration with a person

(c) the person was a child aged under the age of 17

(a) Consent: but only where at the time the crime was alleged to have been committed –

- that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

- that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person

- it is not a defence to a charge under this section in the case of anal sexual intercourse

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) It is a defence to a charge under this section to prove that the accused person believed on reasonable grounds that the other person was of or above the age of 17 years

Supreme Court