A person under 17 years is deemed by law not to be able to consent to sexual intercourse. 15 years imprisonment applies.
If the offender is a parent, guardian or person in authority then it becomes 18 years old for consent.
If the child is under 14 years then the penalty if life imprisonment.
If both the child and offender were over 16 years but under 17 years there is a defence.
If the child was over 16 years and the offender reasonably believed they were 17years or over then a defence applies.
If the offender is a person in authority, or guardian then provided the child is 17 years then a defence may apply if the offender was also 17 years, or if older, reasonably believed the child was 18 years or older.
Any offender charged with a sexual offence involving a child is liable to be placed on the Child Sex Offender’s Register. The reporting conditions may remain for 8 years, 15 years or life. However, once the onerous reporting conditions cease the registration itself continues to exist. There are obligations for life which follow. There is always going to be cases where the Legislation acts unfairly by capturing those it probably was not intended for.
In addition, once convicted a person is never allowed to be able to move on with their life without certain legal obligations. This does not occur in any other area of law (except murder) and can lead to unfairness. For instance, a 20 year old boy who has intercourse with a 16 year old girl would be on the register for life and even after reporting conditions ceased, would be subject to certain obligations under the Child Sex Offender’s Registration Act 2006 which could require disclosure to neighbours (provided circumstances were met) of the past offending.
We at Woods Law have agitated some of the unfair consequences with the Attorney General and we do not apologise for doing so. In addition, we have been one of the first law firms in South Australia to take proceedings in the Supreme Court in respect of life long reporting obligations.
In December 2017 further important Commonwealth provisions were enacted which impact upon overseas travel. Once again we have been at the forefront in challenging those decisions in the Supreme Court of South Australia at the earliest opportunity.
If you would like to learn more about our services please give us a call at 8311 3111.
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We listen! – We help! We deliver!
Why choose our child sex offence lawyers in Adelaide?
We have over 20 years of experience in delivering great results in criminal and traffic law cases in Adelaide
We listen! We help! We deliver
Our client reviews support the high level of satisfaction we achieve for you.
We specialise only in Criminal and Traffic law matters. Our expertise, reputation & knowledge is second to none.
We protect your rights!
Hayder Al Hamdany
They are reliable, honest and operate with integrity. I recommend them to anyone who is looking for some
great legal advocacy and support. Ben always takes the time to answer any questions I may have, and provides me with all the options available. As a new with a legal matter, it can be difficult to find a suitable lawyer. I was lucky to be connected to Ben. On another note, their charges were also very reasonable to the services they provided.
I seriously have so much respect for woods and co especially Ben who has represented me. They are affordable, professional and aim for the best out come possible.
The reception staff are also amazing.
I can’t speak highly enough of my experience with Woods & Co. Hugh has helped me out on more than one occasion and kept my mind at ease whilst ensuring a positive outcome each time. I would definitely recommend their services to anyone.
I would highly recommend Woods & Co Lawyers to others.
A special thanks to Hugh for getting a good result quickly.
To the ladies at the desk thank you for your wonderful support.
Much appreciated 🙂
Excellent professional service
I highly recommend Woods&Co Lawyers. I got into big trouble for the first time and of course was scared out of my mind. MICHAEL WOODS AND HUGH WOODS and the rest of the team eased my mind about the whole process. Definitely great customer service and professionalism. I am also very happy with the deal I got. If I ever (which I hope I don’t) get into any other trouble, WOODS&CO Lawyers is the one I will call on. Thank you so much for everything!
Really nice and gentlemen, professional and friendly, highly recommended
Google rating score: 4.9 of 5, based on 80 reviews
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