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Persistent Sexual Conduct with a child under 16

Sexual Offences – WA

Welcome to the WA Persistent Sexual Conduct with a child under 16 article page. Everything you need to know about Persistent Sexual Conduct with a child under 16 according to WA Law.

What the Law states according to WA Law for Persistent Sexual Conduct with a child under 16

According to WA Law for the charge of Persistent Sexual Conduct with a child under 16,

Section 321A: A person who persistently engages in sexual conduct with a child under the age of 16, is guilty of a crime.

A person persistently engages in sexual conduct with a child if that person does a sexual act in relation to that child on 3 or more occasions each of which is on a different day. The sexual act need not be the same act and the sexual acts do not all have to have occurred in Western Australia, provided that one of the acts did.

A sexual act involves:
(1) Sexually penetrating a child under the age of 16;
(2) Procuring, inciting or encouraging a child under 16 to engage in sexual behaviour;
(3) Indecently dealing with a child under 16;
(4) Procuring, inciting or encouraging a child under 16 to do indecent acts; and
(5) Indecently recording a child.

The Maximum Penalty – Persistent Sexual Conduct with a child under 16

According to WA Law for the charge of Persistent Sexual Conduct with a child under 16:

The maximum penalty is 20 years imprisonment.

What the Police must prove according to WA Law for Persistent Sexual Conduct with a child under 16

(1) That the child was under the age of 16 when the acts were committed;
(2) That at least one of the acts was committed in WA; and
(3) That at least 3 sexual acts were committed.

The police have to specify the period in which the offences occurred, but do not have to specify dates or the specific sexual acts being alleged.

Possible Defences under WA Law – Persistent Sexual Conduct with a child under 16

It may be a defence if the offender can prove they reasonably thought the child was of or over the age of 16 and the offender is not more than three years older than the child’s actual age.

It is a defence if the person can prove they are lawfully married to the child.

In WA which court will hear the matter – Persistent Sexual Conduct with a child under 16

The matter would be heard in the District Court.

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