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Sexual Intercourse with a Child Under 10 Years of Age

Sexual Intercourse with a Child Under 10 Years of Age is an offence under section 66A of the Crimes Act 1900 which carries a maximum penalty of life in prison.

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

  1. You had sexual intercourse with a child under the age of 10, 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 offence such as sexual intercourse with a child between 10 and 14 years of age.

‘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

Life in prison means ‘for the term of the person’s natural life’.

Duress is a defence to the charge.

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