Law Information - Sexual Offences - TAS

Maintaining sexual relationship with young person

Date: 09/01/2009

The Law -

Criminal Code Act 1924  SECT 125A

125A. Maintaining sexual relationship with young person

(1) A person who maintains a sexual relationship with a young person who is under the age of 17 years, and to whom he or she is not married, is guilty of a crime.

Charge: Maintaining a sexual relationship with a young person under the age of 17 years.

(2) An accused person is guilty of having committed an offence under subsection (1) if, during a particular period when the young person was under the age of 17 years –

(a) the accused committed an unlawful sexual act in relation to the young person on at least 3 occasions; and

(b) the young person was not married to the accused.

(3) For the purposes of subsection (2) –

(a) it is not necessary to prove the dates on which any of the unlawful sexual acts were committed or the exact circumstances in which any of the unlawful sexual acts were committed; and

(b) the unlawful sexual act that was committed on any one of the occasions need not have been the same as the unlawful sexual act that was committed on each or any of the other occasions.

What the prosecution must prove - Maintaining sexual relationship with young person

(a) the accused is correctly identified as the offender

(b) the accused took part in an act of sexual penetration with a person on at least 3 occasions

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

(d) the young person was not married to the accused

The Maximum Penalty for Maintaining sexual relationship 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 - Maintaining sexual relationship with young person

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

(b) Factual dispute

(c) Lack of intent

(d) Identification dispute

The Court process - Maintaining sexual relationship with young person

Supreme Court