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• A person is not able to give consent to sexual intercourse until they reach the age of 17 years.
• Where the other person is in a position of trust or responsibility toward the complainant the age of consent rises to 18 years old. Those matters include teachers, guardians and others trusted with the care and control of a child.
• Sexual intercourse is a wide definition in South Australia and includes digital penetration of the vagina or anus, fellatio and cunnilingus. It of course also includes penetration with the penis or an object.
• There are limited statutory defences available. Some are outlined below.
• Unlawful Sexual Intercourse is considered a ‘serious sexual offence’ and if imprisonment is imposed it cannot be suspended unless the offence occurred in prescribed circumstances. Call Woods & Co Lawyers to assist you.
• A person may also appear on a paedophile register for life even if the person was not paedophilic.

The age of consent varies both within Australia and in other countries. For example the age of consent in Queensland, New South Wales, Victoria and West Australia is 16 years old. New Zealand and England is 16 years old and in France it is 15 years old and 13 years old in Japan.

Whatever view you might take about the appropriateness of setting the age of consent it is important to remember the laws of South Australia.

In South Australia, there are limited statutory defences where both the accused and the complainant are both 16 years old and where a complainant is in fact 16 years old and the accused believed on reasonable grounds that he, she or they were in fact 17 years or over.

However, that of course gives no protection to an 18 year old boy who has sexual intercourse with a 16 year old girl knowing that she was that age.

Believe it or not we have had cases where everybody did not appear to worry about that fact until the couple break up. In addition, if two 15 year old’s engage in digital penetration, of other forms of sexual activity then potentially both could be charged.

Unlawful Sexual intercourse convictions are serious and often the consequences go far beyond the court process and a person is placed on the paedophile register for life.

It is important to get accurate and timely advice about Unlawful Sexual Intercourse and the consequences which may flow. At Woods Law, we have many similar cases running at the same time and can advise you promptly and accurately.

Please call our specialist team on 8311 3111.

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