Sex Offences 2018-06-09T13:53:36+00:00

Sex Offences

The maximum penalty for these offences depends upon the age of the complainant and whether any aggravating circumstances are alleged at the time of the offence.

Section 349 of the Criminal Code states that:

A person rapes another person if –

(a) the person has carnal knowledge with or of the other person without the other person’s consent; or
(b) the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or
(c) the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.

A child under the age of twelve years is not capable of giving consent.

The Criminal Code further provides that:

If carnal knowledge is used in defining an offence, the offence, so far as regards that element of it, is complete on penetration to any extent.

Carnal Knowledge includes anal intercourse.

In order for consent to be given, it must be given freely and voluntarily by a person with the cognitive capacity to give the consent. Consent is not given freely or voluntarily if obtained by; force, threat or intimidation, fear of bodily harm, exercise of authority, false and fraudulent representations about the nature or purpose of the act, or by a mistaken belief induced by the accused person that the accused person was the person’s sexual partner.

The maximum penalty for this offence is life imprisonment.

Section 210 of the Criminal Code states that:

Any person who—
(a) unlawfully and indecently deals with a child under the age of 16 years; or
(b) unlawfully procures a child under the age of 16 years to commit an indecent act; or
(d) unlawfully permits himself or herself to be indecently dealt with by a child under the age of 16 years; or
(e) wilfully and unlawfully exposes a child under the age of 16 years to an indecent act by the offender or any other person; or
(f) without legitimate reason, wilfully exposes a child under the age of 16 years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written matter; or
(f) without legitimate reason, takes any indecent photograph or records, by means of any device, any indecent visual image of a child under the age of 16 years;
is guilty of an indictable offence.

The maximum penalty for this offence depends upon the age of the complainant and whether any aggravating circumstances are alleged at the time of the offence.

The elements of the different types of this offence are:

Indecent dealing

1. The accused unlawfully and indecently dealt with a child;
2. The child was under the age of 16 years.

Procuring a child

1. The accused unlawfully procured a child;
2. To commit an indecent act;
3. The child was under the age of 16 years.

Permitting

1. The accused permitted himself to be indecently dealt with;
2. By a child;
3. The child was under the age of 16 years.

Exposing child to indecent act

1. The accused wilfully and unlawfully exposed a child;
2. To an indecent act by the offender (or another);
3. The child was under the age of 16 years.

Exposing child to indecent thing

1. The accused wilfully exposed a child to an indecent object (or other specified indecent thing);
2. The accused did so without legitimate reason;
3. The child was under the age of 16 years.

Recording indecent visual image

1. The accused took an indecent photograph (or recorded an indecent visual image) of a child;
2. The accused did so without legitimate reason;
3. The child was under the age of 16 years.

The term ‘indecent’ has been said to be “contrary to ordinary standards of morality of respectable people within the community”.

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