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Attempting, or Assaulting with Intent to have, Sexual Intercourse with a Child Under 10

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:

  1. You attempted to have sexual intercourse with a child under the age of 10, or you assaulted a child under the age of 10 years with the intention of having sexual intercourse with the child, and
  2. You knew or were reckless as to whether the child was under 10, or you had no reasonable grounds to believe the child was over 10

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:

  1. The penetration to any extent of a female’s genitalia, or the anus of any person, by any part of, or object used by, another person, or
  2. The introduction of a penis into the mouth of another person, or
  3. Cunnilingus, or
  4. The continuation of any of these activities

You ‘assaulted’ a child if:

  1. You caused the child to fear immediate and unlawful violence, or you made unauthorised physical contact with the child
  2. The child did not consent, and
  3. Your actions were intentional or reckless.

Duress is a defence to the charge.

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