Sexual intercourse with a child between 14 and 16 years of age is an offence under section 66C(3) Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 10 years.
This charge may be tried by a magistrate in the Local Court unless either the accused person or the prosecutor elects to have the matter heard in the District Court. If heard in the Local Court the maximum penalty is imprisonment for 2 years.
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What the prosecution must prove
To prove the charge, the prosecution must show beyond reasonable doubt that:
- A person had sexual intercourse with a child,
- The child was aged between 14 or older and less than 16 years of age.
What is “sexual intercourse”?
Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.
Defences
You may have a defence if:
- You did not have sexual intercourse with the child.
The consent of the child is not a defence to this charge.
Will I go to jail?
The maximum sentence is imprisonment for 10 years. It is considered a serious offence and upon conviction, will likely result in full time imprisonment. In sentencing someone convicted for this offence the judge will consider whether the offender pleaded guilty to the offence, whether the offender has prior convictions, their subjective circumstances and whether remorse has been shown.