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Attempting, or Assaulting with Intent to have, Sexual Intercourse with a Child Under 10 is an offence under section 66B of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
Where the prosecution is unable to establish the mental element relating to age, you may be convicted of a lesser sexual assault offence.
‘Sexual intercourse’ is defined as:
You ‘assaulted’ a child if:
Duress is a defence to the charge.
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