Repeated sexual abuse – child under 16 years
208JI Repeated sexual abuse – child under 16 years
A person commits an offence if:
(a) the person intentionally engages in conduct with another person on 2 or more occasions at any time on or after 1 July 1978; and
the conduct constitutes sexual activity; and
the other person is under 16 years of age.
Maximum penalty: See subsection (7).
Absolute liability applies to subsection (1)(b) and (c).
(3) It is a defence to a prosecution for an offence against subsection (1) if:
on each occasion on which the conduct occurred:
(i) the defendant believed, on reasonable grounds, that the other person was 16 years of age or older; and
the other person was 14 or 15 years of age; or
(b) engaging in the conduct with a person who is under 16 years of age would not have constituted an offence at the time at which the conduct occurred.
(4) To avoid doubt, the offence in subsection (1) applies in relation to conduct that occurred at any time on or after 1 July 1978.
(5) For a person to be found guilty of an offence against subsection (1), all the members of the jury or, if section 368 applies in relation to the trial, the number of jurors required under that section for a majority verdict, must be satisfied beyond reasonable doubt that the evidence shows that the defendant engaged in conduct constituting sexual activity with the other person on 2 or more occasions.
For this section:
(a) it is immaterial whether the sexual activity was of the same nature on each occasion; and
(b) it is immaterial whether any of the sexual activity occurred outside the Territory, as long as at least one occasion of the sexual activity occurred in the Territory; and
(c) the prosecution is not required to allege or prove the particulars of any sexual activity that would be necessary if the activity were charged as a separate offence; and
(d) the jury is not required to be satisfied of the particulars of any sexual activity of which it would have to be satisfied if the activity were charged as a separate offence; and
(e) despite subsection (5), all the members of the jury or, if section 368 applies in relation to the trial, the number of jurors required under that section for a majority verdict, are not required to be satisfied about the same sexual activity.
(7) The maximum penalty for an offence against subsection (1) is as follows:
(a) for an offence involving occasions of sexual activity all of which occurred after the commencement – imprisonment for life;
(b) for an offence involving occasions of sexual activity that occurred both before and after the commencement:
(i) if 2 or more occasions occurred after the commencement – imprisonment for life; or
otherwise – the penalty specified in item 3 of the Table;
(c) for an offence involving occasions of sexual activity all of which occurred before the commencement:
(i) if the occasions occurred during only one of the periods specified in the Table – the penalty specified in the Table for that period; or
(ii) if the occasions occurred during 2 or more of the periods specified in the Table and 2 or more occasions occurred during any of those periods – the higher of the penalties specified in the Table for the periods in which 2 or more occasions occurred; or
(iii) if the occasions occurred during 2 or more of the periods specified in the Table and only one occasion occurred during each of those periods – the lower of the penalties specified in the Table for those periods.
Table
Item |
Period |
Penalty |
1 |
The period commencing on 1 July 1978 and ending on 31 May 1994 |
The penalty is the total of the maximum penalties for each historical offence constituted by the occasions of sexual activity that are found to have occurred during this period. |
2 |
The period commencing on 1 June 1994 and ending on 16 March 2004 |
The penalty is: (a) if the occasions of sexual activity that occurred constituted at least one historical offence for which the maximum penalty, at the time of the activity, exceeded 14 years – imprisonment for life; or (b) otherwise – imprisonment for 14 years. |
3 |
The period commencing on 17 March 2004 and ending immediately before the commencement |
The penalty is: (a) if the occasions of sexual activity that occurred constituted at least one historical offence for which the maximum penalty, at the time of the activity, exceeded 20 years – imprisonment for life; or (b) if the occasions of sexual activity that occurred constituted at least one offence against section 192B (as in force before the commencement) – imprisonment for life; or (c) otherwise – imprisonment for 20 years. |
(8) For the purposes of the Table, an occasion of sexual activity constitutes a historical offence if the sexual activity is the same as the act, omission or event that constitutes the historical offence, even if the particulars of the time and place at which the sexual activity took place are not sufficiently particularised to enable the defendant to be charged with or found guilty of the historical offence.
Note for subsection (8)
The mental element applying in relation to the historical offence is to be disregarded in determining whether the sexual activity constituted a historical offence.
In this section:
commencement means the commencement of this section.
sexual activity means any of the following conduct, unless done in the course of a procedure carried out in good faith for medical or hygienic purposes:
sexual intercourse;
causing a person to be sexually involved with an animal;
(c) causing a person to penetrate (to any extent) the person's own genitals or anus;
an act of gross indecency;
indecent touching;
an indecent act.
Note for definition sexual activity
Conduct amounting to an attempt to engage in any conduct specified in paragraphs (a) to (f) may be evidence of an attempt to commit an offence against subsection (1).
Table means the Table to subsection (7).
This Act’s bill:Second reading speech
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