Of these, age may be a key indicator, e. Did the accused take part in an act of sexual penetration with the complainant? Did the accused intend to take part in an act of sexual penetration with the complainant? Just because we've blown out 16 candles on our birthday cake, doesn't mean we're ready for sex What is it? It's legal, except with someone who's in a 'position of trust' over us.
In some cases urgent action may need to be taken to safeguard the welfare of a young person. The offences protect children up to the age of 18 and can attract tough penalties. The aim of the law is to protect the rights and interests of young people, and make it easier to prosecute people who pressure or force others into having sex they don't want. This should be coupled with the parents' and carers' ability and commitment to protect the young person. In such cases of sexual penetration of a child under 16 years, it is important that your defence team looks at inconsistencies that may arise in the different stages of the trial process. If the young person has a learning disability, mental disorder or other communication difficulty, they may not be able to communicate easily to someone that they are, or have been abused, or subjected to abusive behaviour. Jurisdictions use a variety of terms for the offense, including child sexual abuse , statutory rape , illegal carnal knowledge , corruption of a minor,  besides others. Read more to learn about creating this dialogue and keeping your child safe. The offence specified in section 49B does not apply if the child is between the ages of 12 and 16 and if the people taking part in sexual penetration were married to each other. A number of defences are potentially available depending on the particular circumstances of each case. A girl age 16 or over who has sex with a boy under 16 can be prosecuted for indecent assault. Circumstances of the relationship In several jurisdictions, it is illegal to engage in sexual activity with a person under a certain age under certain circumstances regarding the relationship in question, such as if it involves taking advantage of or corrupting the morals of the young person. The complainant did not consent to taking part in the act of sexual penetration; and The accused was aware that the complainant was not or might not be consenting. Protection and Action to be Taken In working with young people, it must always be made clear to them that absolute confidentiality cannot be guaranteed, and that there will be some circumstances where the needs of the young person can only be safeguarded by sharing information with others. If a child is a victim of serious offences, the most serious charge that the evidence will support should always be used. If yes, then he will ask question 2. It's illegal for them to have sex with unders in their care. A perpetrator does not have to be an adult to harm a child. Practitioners should be aware of the risk that the child may be at risk of Sexual Exploitation. The accused took part in an act of sexual penetration with the complainant When the alleged penetration is by a penis, it may be of the vagina, anus, or the mouth of another person. Importantly, sub-section 45 4 4A of the Act states that if consent is relevant, the prosecution carries the burden of proving the lack of consent. If yes, then he will ask question 3. Sentencing Outcomes in the Higher Courts The Sentencing Advisory Council has released sentencing statistics for the sentencing of sexual penetration of a child aged under 16 in the County and Supreme Courts. The Act includes 3 new categories of offences to provide additional protection. We have found that offences of a sexual nature are crimes in which, for a variety of reasons, innocent people are often wrongly charged. For the purposes of the under 13 offences, whether the child consented to the relevant risk is irrelevant. Examples of such positions of trust include relationships between teachers and students.
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