Sexual intercourse – child under 16 years
208J Sexual intercourse – child under 16 years
A person commits an offence if:
(a) the person intentionally engages in sexual intercourse with another person; and
the other person is under 14 years of age.
Maximum penalty:
(a) if the other person is under 10 years of age – imprisonment for life; or
(b) otherwise – imprisonment for 20 years or, for an aggravated offence, 25 years.
Absolute liability applies to subsection (1)(b).
A person commits an offence if:
(a) the person intentionally engages in sexual intercourse with another person; and
the other person is 14 or 15 years of age.
Maximum penalty: Imprisonment for 16 years or, for an aggravated offence, 20 years.
Strict liability applies to subsection (3)(b).
(5) It is a defence to a prosecution for an offence against subsection (3) if:
(a) the defendant is not more than 24 months older or younger than the person against whom the offence is alleged to have been committed; and
the person consented to the sexual intercourse.
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