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Sexual Intercourse with a Child Between 14 and 16 Years of Age

Sexual Intercourse with a Child Between 14 and 16 Years of Age is an offence under section 66C(3) of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.

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

  1. You had sexual intercourse with a child aged between 14 and 16, and
  2. You knew or were reckless as to the age of the child, or you had no reasonable grounds to believe the child was under the age of consent which is 16 years of age in NSW.

‘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

Duress is a defence to the charge.

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