South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 49

49—Unlawful sexual intercourse

        (1)         A person who has sexual intercourse with any person under the age of 14 years shall be guilty of an offence and liable to be imprisoned for life.

        (3)         A person who has sexual intercourse with a person under the age of seventeen years is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (4)         It shall be a defence to a charge under subsection (3)


to prove that—

            (a)         the person with whom the accused is alleged to have had sexual intercourse was, on the date on which the offence is alleged to have been committed, of or above the age of sixteen years; and

            (b)         the accused—

                  (i)         was, on the date on which the offence is alleged to have been committed, under the age of seventeen years; or

                  (ii)         believed on reasonable grounds that the person with whom he is alleged to have had sexual intercourse was of or above the age of seventeen years.

        (5)         A person who, being in a position of authority in relation to a person under the age of 18 years, has sexual intercourse with that person is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (5a)         For the purposes of subsection (5)


, a person is in "a position of authority" in relation to a person under the age of 18 years (the "child") if the person is—

            (a)         a teacher (within the meaning of the Education and Early Childhood Services (Registration and Standards) Act 2011


) engaged in the education of the child; or

            (b)         a foster parent, step-parent or guardian of the child; or

            (c)         a religious official or spiritual leader (however described and including lay members and whether paid or unpaid) providing pastoral care or religious instruction to the child; or

            (d)         a medical practitioner, psychologist or social worker providing professional services to the child; or

            (e)         a person employed or providing services in a correctional institution (within the meaning of the Correctional Services Act 1982


) or a training centre (within the meaning of the Young Offenders Act 1993


), or any other person engaged in the administration of those Acts, acting in the course of his or her duties in relation to the child; or

            (f)         an employer of the child or other person who has the authority to determine significant aspects of the child's terms and conditions of employment or to terminate the child's employment (whether the child is being paid in respect of that employment or is working in a voluntary capacity).

        (6)         A person who, knowing that another is by reason of intellectual disability unable to understand the nature or consequences of sexual intercourse, has sexual intercourse with that other person is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (7)         Consent to sexual intercourse is not a defence to a charge of an offence under this section.

        (8)         This section does not apply to sexual intercourse between persons who are married to each other.



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