WA Criminal Law

Section 322: A person who sexually penetrates a child of or over 16 years when that child is under the offender’s care, supervision or authority, is guilty of a crime.

A person who procures, incites or encourages a child who is under the offender’s care, supervision or authority to engage in sexual behaviour, is guilty of a crime.

A person who indecently deals with a child who is under the offender’s care, supervision or authority, is guilty of a crime.

A person who procures, incites or encourages a child who is under the offender’s care, supervision or authority, to do an indecent act, is guilty of a crime.

A person who indecently records a child who is under the offender’s care, supervision or authority, is guilty of a crime.

Where a person sexually penetrates a child or procures, incites or encourages the child to engage in sexual behaviour the maximum penalty is 10 years imprisonment.

Where the person indecently deals with or procures, incites or encourages the child to do indecent acts or indecently records the child, the maximum penalty is 5 years imprisonment.

(1) That the child was of or above the age of 16 at the time the offence was committed; and
(2) That the child was in the offender’s care, supervision or authority at the time the offence was committed.

It is a defence if the person can prove they were lawfully married to the child at the time of the offence.

It is very important to note that it is not a defence to prove that the offender believed on reasonable grounds that the child was of or over the age of 18.

The matter would be heard in the District Court.