South Australian Consolidated Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 57

57—Consent no defence in certain cases

        (1)         A person under the age of 18 years will be taken not to be capable of consenting to an indecent assault committed by a person who is in a position of authority in relation to the person.

        (2)         Subject to subsection (3), no person under the age of seventeen years shall be deemed capable of consenting to any indecent assault.

        (3)         Where the person is between the age of sixteen and seventeen years, his or her consent shall be a defence to a charge of indecent assault if the accused proves that at the time of the indecent assault—

            (a)         he or she was under the age of seventeen years; or

            (b)         he or she believed on reasonable grounds that the person was of or above the age of seventeen years.

        (4)         For the purposes of subsection (1), 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 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).