Maximum Penalty
- Maximum penalty is life imprisonment.
Possible Defences
- There is an honest and reasonable mistake of fact
A person will also be guilty of an offence if they have sexual intercourse with a person under the age of seventeen years.
A person will be guilty of an aggravated offence if they have sexual intercourse with any person under the age of fourteen years.
If a person who is in a position of authority, for example, a teacher, foster parent or medical practitioner and they have sexual intercourse with a person under the age of 18 years of age then they will be guilty of an offence.
A person who has sexual intercourse with a person knowing that the other person has a intellectual disability unable to understand the nature or consequences of sexual intercourse will be guilty of an offence.
The maximum penalty for an offence with a person under the age of 14 is life imprisonment.
The maximum penalty for an offence other than that with a person under the age of 14 as noted above is 10 years imprisonment.
It may be a defence to the charge if:
Under subsection (3) it will be a defence to a charge if the defendant was above the age of 16 years and the on the date in question the accused was under the age of 17 years or believed on reasonable grounds that the person was above the age of 17 years. (honest and reasonable mistake of fact)
The prosecution must prove that:
This offence will be dealt with in the District Court of South Australia.
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