What the Law states - Sexual penetration of 16 or 17 year old child

Crimes Act 1958 - SECT 48

Sexual penetration of 16 or 17 year old child

48. Sexual penetration of 16 or 17 year old child

(1) A person must not take part in an act of sexual penetration with a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority.

Penalty: Level 5 imprisonment (10 years maximum).

(2) Consent is not a defence to a charge under subsection (1) unless the accused satisfies the court on the balance of probabilities that at the time of the alleged offence the accused believed on reasonable grounds-

(a) that the child was aged 18 or older; or

(b) that he or she was married to the child.

(3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent.

(4) For the purposes of subsection (1), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is-

(a) the child's teacher;

(b) the child's foster parent;

(c) the child's legal guardian;

(d) a minister of religion with pastoral responsibility for the child;

(e) the child's employer;

(f) the child's youth worker;

(g) the child's sports coach;

(h) the child's counsellor;

(i) the child's health professional;

(j) a member of the police force acting in the course of his or her duty in respect of the child;

(k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.