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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:
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:
Life in prison means ‘for the term of the person’s natural life’.
Duress is a defence to the charge.
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