CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 12 Sexual penetration of 16 or 17 year old child
CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 12
Sexual penetration of 16 or 17 year old child(1) Insert the following heading to section 48 of the Crimes Act 1958 —
"Sexual penetration of 16 or 17 year old child" .
(2) In section 48(2) of the Crimes Act 1958 , after "unless" insert "the accused satisfies the court on the balance of probabilities that".
(3) After section 48(2) of the Crimes Act 1958 insert —
"(3) If consent is relevant to a charge under sub-section (1), the prosecution bears the burden of proving lack of consent.
(4) For the purposes of sub-section (1), and without limiting that sub-section, 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 training centre or prison and is acting in the course of his or her duty in respect of the child.".