Going to Court? Book Your Free First Appointment

Sexual Intercourse with a Young Person Under Special Care

Sexual Intercourse with a Young Person Under Special Care is an offence under section 73 of the Crimes Act 1900, which carries a maximum penalty of 4 years in prison where the young person was at least 17 but less than 18 years of age, or 8 years in prison where the young person was at least 16 but less than 17 years of age.

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

  1. You had sexual intercourse with a young person
  2. You knew, or were reckless as to whether, he or she was a young person, and
  3. The young person was under your ‘special care’

‘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

A ‘young person’ is someone aged at least 16 but less than 18 years.

The young person was under your ‘special care’ if:

  1. You were his or her step-parent, guardian, authorised carer, or the de facto partner of his or her parent, guardian or authorised carer
  2. You were a member of the teaching staff at his or her school
  3. You established a personal relationship with him or her in connection with the provision of religious, sporting, musical or other instruction
  4. You were a custodial officer at an institution where he or she was an inmate, or
  5. You were a health professional and he or she was your patient

You cannot be found guilty if you were married to the young person.

Duress is also a defence to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Made my whole experience a lot easier to deal with

    The best lawyers I've ever used! Karina Diec and Fahim Khan were truly amazing to…

  • ★★★★★

    Very articulate with giving the the correct advice

    Mr. Fahim Khan handled my case very professionally and with great expertise. He was always…

  • ★★★★★

    The Judge was impressed with the high quality material he helped present

    Fahim recently helped finalise a matter with the best outcome we could ever hoped for.…

  • ★★★★★

    Respect, dignity and determination

    Fahim, the name brings me memories of respect, dignity and determination. Absolutely relentless in his…

Going to Court? Call For Your Free First Appointment