Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
12. Child Sexual Assault
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Last updated: 19 Jun 2015
- 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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