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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.".