CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 13 New section 49 substituted

CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 13

    For section 49 of the Crimes Act 1958 substitute —

        "49.     Indecent act with 16 or 17 year old child

    (1)     A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of 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 6 imprisonment (5 years maximum).

    (2)     Consent is not a defence to a charge under sub-section (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 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 parent, adoptive parent, foster parent or step 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.".