No defence of mistaken but honest and reasonable belief of certain matters
49ZC No defence of mistaken but honest and reasonable belief of certain matters
S. 49ZC inserted by No. 47/2016 s. 16.
It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—
for an offence against section 49A(1)—B was 12 years of age or more; or
for an offence against section 49D(1) or 49E(1)—the touching was not—
sexual; or
contrary to community standards of acceptable conduct; or
for an offence against section 49F(1) or 49G(1)—
the activity was not sexual; or
engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or
for an offence against section 49H(1) or 49I(1)—
the activity was not sexual; or
A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct; or
for an offence against section 49K(1) or 49L(1)—the activity was not sexual; or
for an offence against section 49Q(1)—the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person in respect of the performance; or
for an offence against section 49R(1)—the invitation or offer did not involve payment, reward or other benefit to any person in respect of the performance; or
for an offence against section 49S(1)—B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence.
Note
References to A, B and C in this section are references to the same A, B and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S.
Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52, 53) inserted by No. 9509 s. 5, amended[2], substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 50A–50K) by No. 47/2016 s. 16.
Incest
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