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Unlawful sexual intercourse

The offence of Unlawful Sexual Intercourse includes:

  • A person who has sexual intercourse with a person under 14 years old.

    Maximum penalty: life imprisonment

    [Criminal Law Consolidation Act 1935 (SA) s 49(1)];

  • A person who has sexual intercourse with a person under 17 years old -

    Maximum penalty: 10 years imprisonment

    [Criminal Law Consolidation Act 1935 (SA) s 49(3)]

    (However there is a defence to this if the alleged victim is above 16 years old and the accused person either was under 17 years old themselves or reasonably believed that the alleged victim was over 17 years old [s 49(4)];

  • A person who has sexual intercourse with a person under 18 years old who holds a certain position of authority (such as teachers, foster-parents, guardians, step-parents, religious officials, spitirual leaders, social workers, employers, and others)

    Maximum penalty: 10 years imprisonment

    [Criminal Law Consolidation Act 1935 (SA) s 49(5), s 49(5a)];

  • A person who, knowing the other person is, by reason of intellectual disability, unable to understand the nature or consequences of sexual intercourse, has sexual intercourse with the other person;

    Maximum penalty: 10 years imprisonment

    [Criminal Law Consolidation Act 1935 (SA) s 49(6)].

Willingness of the alleged victim to engage in sexual intercourse is not a defence to any of these offences [s 49(8)]. Parental permission is also not a defence.

A useful website for young people and parents on this topic is: www.trustedmoments.com.au

Unlawful sexual intercourse  :  Last Revised: Wed Oct 25th 2017
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