Have you been charged with Sexual Penetration of 16 or 17 Year Old Child s48 of the Crimes Act?
Please be aware this section has now been repealed and the correct and current law exists under section s49C of the Crimes Act 1958
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s48 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
To determine which section is correct for your case, you should call our office.
There are a number of things to consider if you have been charged with this offence.
Can the prosecution make out their case? Did you participate in an act of sexual penetration with a 16 or 17 year old child? Did you know how old the child was? Was the alleged victim under your care, supervision or authority at the time? Were you married to the alleged victim? Was there consent?
These are the type of questions that need to be discussed in detail with your lawyer prior to telling the Court how you intend to plead.
See below for further information on Sexual Penetration of 16 or 17 Year Old Child.
The offence
Section 48 of the Crimes Act 1958.
The prosecution must prove:
The defendant took part in an act of sexual penetration;
The person with whom he or she took part in that act of sexual penetration was 16 or 17 years of age;
The defendant was not married to that person;
That person was at the time of the act under the care, supervision or authority of the accused.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Sexual Penetration of 16 or 17 Year Old Child cases will usually be heard in the County Court although technically they can be heard in the Magistrates Court.
Questions to consider
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Consult an experienced criminal lawyer urgently. Undertaking appropriate preparation is critical to the success of any matter. Don’t delay.
If you have been charged with Sexual Penetration of 16 or 17 Year Old Child make an appointment to see one of our specialist lawyers today.
The old legislation
48 Sexual penetration of 16 or 17 year old child
(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority.
Penalty: Level 5 imprisonment (10 years maximum).
(2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds—
(a) that the child was aged 18 or older; or
(b) that he or she was married to the child.
(3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent.
(4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is—
(a) the child’s teacher;
(b) the child’s foster parent;
(c) the child’s legal guardian;
(d) a minister of religion with pastoral responsibility for the child;
(e) the child’s employer;
(f) the child’s youth worker;
(g) the child’s sports coach;
(h) the child’s counsellor;
(i) the child’s health professional;
(j) a member of the police force acting in the course of his or her duty in respect of the child;
(k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.
