Victorian Consolidated Legislation

Crimes Act 1958 - SECT 48

Sexual penetration of 16 or 17 year old child

48. Sexual penetration of 16 or 17 year old child









(1) A person must not take part in an act of sexual penetration with a 16 or
17 year old child to whom he or she is not married and who is under his or her
care, supervision or authority.

Penalty: Level 5 imprisonment (10 years maximum).



(2) Consent is not a defence to a charge under subsection (1) unless the
accused satisfies the court on the balance of probabilities that at the time
of the alleged offence the accused believed on reasonable grounds-

   (a)  that the child was aged 18 or older; or

   (b)  that he or she was married to the child.

(3) If consent is relevant to a charge under subsection (1), the prosecution
bears the burden of proving lack of consent.

(4) For the purposes of subsection (1), and without limiting that subsection,
a child is under the care, supervision or authority of a person if the person
is-

   (a)  the child's teacher;

   (b)  the child's foster parent;

   (c)  the child's legal guardian;

   (d)  a minister of religion with pastoral responsibility for the child;

   (e)  the child's employer;

   (f)  the child's youth worker;

   (g)  the child's sports coach;

   (h)  the child's counsellor;

        (i)    the child's health professional;

   (j)  a member of the police force acting in the course of his or her duty
        in respect of the child;

   (k)  employed in, or providing services in, a remand centre, youth
        residential centre, youth justice centre or prison and is acting in
        the course of his or her duty in respect of the child.