Law Information - Sexual Offences - TAS

Indecent act with young person

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 125B

What the prosecution must prove - Indecent act with young person

(a) the accused is correctly identified as the offender

(b) the accused wilfully committed, or was wilfully in any way a party to the commission of, an indecent act with or in the presence of another person

(c) the person was a child aged under the age of 17

(d) where relevant the child was not consenting and the accused was aware the child was not, or might not, be consenting

The Maximum Penalty for Indecent act with young person is

The maximum term of imprisonment is 21 years, or fine, or by both such punishments, and will be determined by the judge as he/she thinks fit in the circumstances of each particular case

Possible Defences - Indecent act with young person

(a) It is a defence to a charge under this section to prove that the accused person believed on reasonable grounds that the other person was of or above the age of 17 years.

(b) The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –

- that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or

- that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.

(c) Factual dispute

(d)Lack of intent

(e) Identification dispute

The Court process - Indecent act with young person

Supreme Court