CHILD SEXUAL ASSAULT

Evidence
Evidence by the spouse of the accused
Registration of offenders

In recent years child sexual assault has been recognised as an enormous problem. The position of inequality between offender and victim and the life long effect on a victim makes this crime particularly serious. Offences of this nature are covered under the Criminal Law Consolidation Act 1935 .

A number of offences can be committed and include:

sexual intercourse with any person under 14 years [Criminal Law Consolidation Act 1935 s.49(1)] which carries a penalty of life imprisonment
sexual intercourse with a person aged 14 years and under 17 years [Criminal Law Consolidation Act 1935 s.49(3)] which carries a penalty of imprisonment for seven years
sexual intercourse with a person under the age of 18 years who is under the authority of the accused, for example a guardian or teacher [Criminal Law Consolidation Act 1935 s.49(5)], which carries a penalty of imprisonment for seven years
indecent assault on a person under the age of 17 years [Criminal Law Consolidation Act 1935 s.56] which carries a penalty of eight years imprisonment, or where the victim was under 14 years, a penalty of ten years imprisonment.

The offences may be either homosexual or heterosexual in nature. If the parties are legally married there is no difference.

Legally, a person under 17 years is not capable of consenting to any indecent assault [Criminal Law Consolidation Act 1935 s.57]. No person under 18 years is deemed capable of consenting to any indecent assault by a person who is his or her guardian, teacher, or school principal.

Where the person is above the age of 16 years, his or her consent shall be a defence to a charge of indecent assault if the accused was also under the age of 17 years or he or she believed on reasonable grounds that the person was of or above 17 years. Publication of the name of a child victim and also any information that may point to the child's identity, is prohibited.