Sexual Act with a Child Aged Between 10 and 16 Years

Sexual Act With a Child Aged Between 10 and 16 Years is an offence under section 66DD of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that you intentionally:

1. You carried out a sexual act with or towards a child aged at least 10 but less than 16 years, or
2. You incited the child to carry out a sexual act with or towards you, or
3. You incited a third person to carry out a sexual act with or towards the child, or
4. You incited the child to carry out a sexual act with or towards a third person

‘Sexual act’ is defined as any act, other than sexual touching, which is carried out in circumstances where a reasonable person would consider it sexual.

Matters considered when deciding whether an act is sexual include:

1. Whether the area of the body involved is the person’s genital area, anal area or, in the case of a female, or a transgender or intersex person identifying as female, the breasts, or
2. Whether the acts is for sexual arousal or sexual gratification, or
3. Whether any other aspect or circumstance makes it sexual

Conduct which may amount to a sexual act includes:

1. Masturbating
2. Inciting another to masturbate
3. Carrying out a simulated sexual act, or
4. Inciting another to carry out a simulated sexual act.

An act is not sexual if it is carried out for a genuine medical or hygienic purpose.

Duress is a defence to the charge.