Australian Capital Territory Consolidated Acts

CRIMES ACT 1900 - SECT 55

    (1)         A person who engages in sexual intercourse with another person who is under the age of 10 years is guilty of an offence punishable, on conviction, by imprisonment for 17 years.

    (2)         A person who engages in sexual intercourse with another person who is under the age of 16 years is guilty of an offence punishable, on conviction, by imprisonment for 14 years.

    (3)         It is a defence to a prosecution for an offence against subsection (2) if the defendant establishes that—

        (a)     he or she believed on reasonable grounds that the person on whom the offence is alleged to have been committed was of or above the age of 16 years; or

        (b)     at the time of the alleged offence—

              (i)     the person on whom the offence is alleged to have been committed was of or above the age of 10 years; and

              (ii)     the defendant was not more than 2 years older;

and that that person consented to the sexual intercourse.