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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:
‘Sexual intercourse’ is defined as:
A ‘young person’ is someone aged at least 16 but less than 18 years.
The young person was under your ‘special care’ if:
You cannot be found guilty if you were married to the young person.
Duress is also a defence to the charge.
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