Sexual intercourse with young person outside Australia—defendant in position of trust or authority
272.12 Sexual intercourse with young person outside Australia—defendant in position of trust or authority
Engaging in sexual intercourse with young person
A person commits an offence if:
the person engages in sexual intercourse with another person (the young person); and
the young person is at least 16 but under 18; and
the person is in a position of trust or authority in relation to the young person; and
the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 years.
Causing young person to engage in sexual intercourse in presence of defendant
A person commits an offence if:
the person engages in conduct in relation to another person (the young person); and
that conduct causes the young person to engage in sexual intercourse in the presence of the person; and
the young person is at least 16 but under 18 when the sexual intercourse is engaged in; and
the person is in a position of trust or authority in relation to the young person; and
the sexual intercourse is engaged in outside Australia.
Penalty: Imprisonment for 10 years.
The fault element for paragraph (2)(b) is intention.
Absolute liability applies to paragraphs (1)(b) and (d) and (2)(c) and (e).
For absolute liability, see section 6.2.
For a defence based on belief about age, see section 272.16.
Strict liability applies to paragraphs (1)(c) and (2)(d).
For strict liability, see section 6.1.
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