Going to Court? Book Your Free First Appointment

Using a Carriage Service to Prepare or Plan Sexual Activity With a Person Under the Age of 16

Using a carriage service to prepare or plan sexual activity with a person under the age of 16 is an offence under section 474.25C  of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

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

  1. You were at least 18 years of age
  2. You did any act to prepare or plan for:
    (a) Causing harm to a person under the age of 16 years
    (b) Engaging in sexual activity with a person under the age of 16 years, or
    (c) procuring a person under the age of 16 years to engage in sexual activity, and
  1. Your act was done using a carriage service.

‘Sexual activity’ includes a broad range of conduct of a sexual nature, including sexual intercourse, sexual touching and masturbation.

A ‘carriage service’ is:

‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’, which includes telephone calls, text messages and internet transmissions such as emails and social media messaging.

When determining your belief about the other person’s age at a particular time, the fact-finder (whether judge-alone or jury) may treat as admissible evidence:

  1. The person’s appearance
  2. Any medical or other scientific opinion
  3. Any document that is or appears to be an official or medical record from outside Australia, and
  4. Any document that appears to be a copy of such a record.

The age requirement of being under 16 may be satisfied where the other person was above that age, but represented himself or herself as below that age.

You are not guilty of the offence if you establish to the court ‘on the balance of probabilities’ that:

  1. You believed the other person was at least 16 years of age, or
  2. When determining your belief about the other person’s age at a particular time being in the presence of another person while sexual activity was engaged in, and you did not intend to derive gratification from the child’s presence.

An example of the offence is misrepresenting your age online as part of a plan to cause harm to a person under the age of 16 years.

Duress is a defence to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Outstanding efforts in resolving my matter

    I just wanted to thank Karina for her outstanding efforts in resolving my matter. Karina…

  • ★★★★★

    My case turned out better than I could’ve hoped for!

    Wissam Philopos is the best! Very attentive, nice, and my case turned out better than…

  • ★★★★★

    A small mistake got me into a big trouble

    A small mistake got me into a big trouble. WISSAM PHILIPPOS, is a good lawyer,…

  • ★★★★★

    Happy with the outcome today

    External happy with the outcome today Wissam Philopos is a legend of a lawyer and…

Going to Court? Call For Your Free First Appointment