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:
‘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:
Conduct which may amount to a sexual act includes:
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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