Sexual Intercourse with Young Person

In the ACT, it is a very serious criminal offence to engage in sexual intercourse with a young person, that is a person who is under the age of 16 years. The maximum penalty for this offence depends on the age of the complainant at the time of the alleged sexual intercourse. 

If the complainant was under the age of 10 years, the maximum penalty is 17 years’ imprisonment. However, if the offence is aggravated by family violence, the maximum penalty is increased to 21 years’ imprisonment. 

If the complainant was under the age of 16 years, but over the age of 10, the maximum penalty is 14 years’ imprisonment. However, if the offence is aggravated by family violence, the maximum penalty is increased to 18 years’ imprisonment. 

What is sexual intercourse with a young person?

Pursuant to section 55 of the Crimes Act 1900 it is a criminal offence to engage in sexual intercourse with a person under the age of 16 years. Except in very limited circumstances, due to the age of the complainant, it does not matter whether or not a person believed the complainant was consenting, as they complainant is considered too young to consent.

Sexual intercourse is defined in the legislation as the penetration, to any extent, of the genitalia or anus of a person by any part of the body of another person, or with an object, or the introduction of any part of the penis of a person into the mouth of another person. The definition also includes fellatio and cunnilingus. 

The following acts constitute sexual intercourse with a young person:

• Inserting a finger into your 14-year-old little sister’s friends vagina;
• Having penile-vaginal intercourse with a person aged 12 years; or  
• Inserting your penis into the mouth of a family friend who is 15 years old. 

What must be proven?

For a person to be found guilty of sexual intercourse with a young person the prosecution must prove each of the following matters beyond a reasonable doubt:

• You engaged in an act with another person; and 
• The act constituted sexual intercourse; and 
• The complainant was under the age of 16 years. 

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the Supreme Court. The matter will still start in the Magistrates Court and will then eventually be Committed to the Supreme Court.

Possible Defences for Sexual Intercourse with a Young Person

The following defences may be available for a sexual intercourse with young person charge:

• Deny that you engaged in, or committed, the act of sexual intercourse; 
• The act did not constitute sexual intercourse; 
• You believed on reasonable grounds that the complainant was of or above the age of 16 years (and the person was consenting); 
• The complainant was over the age of 10 years and you were less than 2 years older than the complainant (and they were consenting). 

Common questions about sexual intercourse with young person

In the ACT, a court can impose any of the following penalties for a sexual intercourse with young person charge:

• Full-time imprisonment
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Fine
• Good Behaviour Order 
• Non-conviction 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for incest might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of a sexual nature can completely rule out certain career paths such as teaching and a range of government employment options. Sexual offences also often result in sentences that include imprisonment even where a person has no previous convictions. 

Will I go to gaol for a sexual intercourse with young person charge?

The offence carries a maximum penalty of full-time imprisonment. It is highly likely that you will be sentenced to a term of full-time imprisonment if you are found guilty of, or plead guilty to, this offence even if you do not have any prior criminal convictions.