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Assault, Sexual Assault, Homicide

12. Child Sexual Assault

Authors: Joanne Wilson
Firm / Chambers:
Last updated: 19 Jun 2015
    12. Child Sexual Assault
  • Sexual assault against children is a special form of sexual assault where consent is not a defence.
  • Under the law children are incapable of giving informed consent even if the offender believes they are willing.
  • Any indecent touching or sexual penetration of a child is a crime.
  • A child usually means someone under the age of 16.
  • This can extend up to children under the age of 18 if there exists a relationship of care, supervision or authority between the child and the accused such as a teacher, babysitter or scout leader.
  • The law also recognises that children under 18 are naturally curious about sex and that a degree of sexual experimentation will occur.
  • In some jurisdictions sexual contact between consenting teenagers over the age of 12 is not a crime if there is no more that two years age difference between the teenagers. Therefore a boyfriend and girlfriend who are aged 17 and 15 respectively will not have committed any offences by engaging in sexual conduct. 

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