South Australian Consolidated Acts South Australian Consolidated Acts50—Persistent sexual exploitation of a child
(1) An adult person
who, over a period of not less than 3 days, commits more than 1 act of sexual
exploitation of a particular child under the prescribed age is guilty of an
offence.
Maximum penalty: Imprisonment for life.
(2) For the purposes
of this section, a person commits an act of sexual exploitation of a child if
the person commits an act in relation to the child of a kind that could, if it
were able to be properly particularised, be the subject of a charge of a
sexual offence.
(3) If—
(a) at
any time when an act of sexual exploitation of a child was allegedly committed
the child was at least 16 years of age; and
(b) the
defendant proves that he or she believed on reasonable grounds that the child
was of or over the prescribed age at that time,
the act of sexual exploitation is not to be regarded for the purposes of an
offence against this section.
(4) Despite any other
Act or rule of law, the following provisions apply in relation to the charging
of a person on an information for an offence against this section:
(a)
subject to this subsection, the information must allege with sufficient
particularity—
(i)
the period during which the acts of sexual exploitation
allegedly occurred; and
(ii)
the alleged conduct comprising the acts of sexual
exploitation;
(b) the
information must allege a course of conduct consisting of acts of sexual
exploitation but need not—
(i)
allege particulars of each act with the degree of
particularity that would be required if the act were charged as an offence
under a different section of this Act; or
(ii)
identify particular acts of sexual exploitation or the
occasions on which, places at which or order in which acts of sexual
exploitation occurred;
(c) the
person may, on the same information, be charged with other offences, provided
that any sexual offence allegedly committed by the person—
(i)
in relation to the child who is allegedly the subject of
the offence against this section; and
(ii)
during the period during which the person is alleged to
have committed the offence against this section,
must be charged in the alternative.
(5) A person who has
been tried and convicted or acquitted on a charge of persistent sexual
exploitation of a child may not be convicted of a sexual offence against the
same child alleged to have been committed during the period during which the
person was alleged to have committed the offence of persistent sexual
exploitation of the child.
(6) This section
applies in relation to acts of sexual exploitation of a child whether they
were committed before or after the commencement of this section.
(7) In this
section—
"prescribed age", in relation to a child, means—
(a) in
the case of a person who is in a position of authority in relation to the
child—18 years;
(b) in
any other case—17 years;
"sexual offence" means—
(a) an
offence against Division 11 (other than sections 59 and 61) or
sections 63B, 66, 69 or 72; or
(b) an
attempt to commit, or assault with intent to commit, any of those offences; or
(c) a
substantially similar offence against a previous enactment.
(8) For the purposes
of this section, a person is in "a position of authority in relation to a
child if the person is—
(a) a
teacher (within the meaning of the Education Act 1972 ) 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).