Aggravated Sexual Act With a Child Aged Between 10 and 16 Years is an offence under section 66DE of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that you intentionally:
‘Sexual act’ is defined as any act, other than sexual touching, which occurs in circumstances where a reasonable person would consider it sexual.
Matters considered when deciding whether an act is sexual include:
Conduct which may amount to a sexual act includes:
‘Circumstances of aggravation’ are where:
‘Actual bodily harm’ is that which is more than ‘transient or trifling’ and includes lasting scratches, bruises and abrasions.
You were ‘reckless’ if you foresaw the possibility of inflicting actual bodily harm, but went ahead with your actions regardless.
An ‘offensive weapon or instrument’ is:
For offensive purposes, even though it is not ordinarily used for such purposes or ordinarily capable of causing harm.
A ‘dangerous weapon’ is:
An act is not sexual if it is carried out for a genuine medical or hygienic purpose.
Duress is a defence to the charge.
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