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Sexual Offences Against a Child of or Over 13 and Under 16 years

Sexual Offences – WA

Welcome to the WA Sexual Offences Against a Child of or Over 13 and Under 16 years article page. Everything you need to know about Sexual Offences Against a Child of or Over 13 and Under 16 years according to WA Law.

What the Law states according to WA Law for Sexual Offences Against a Child of or Over 13 and Under 16 years

According to WA Law for the charge of Sexual Offences Against a Child of or Over 13 and Under 16 years:

Section 321: A person who sexually penetrates a child of or over 13 and under 16 or who procures, incites or encourages a child under 16 to engage in sexual behaviour, is guilty of a crime.

A person who indecently deals with a child of or over 13 and under 16 or who procures, incites or encourages a child of or over 13 and under 16 to do an indecent act is guilty of a crime.

A person who indecently records a child of or over 13 and under 16 is guilty of a crime.

The Maximum Penalty – Sexual Offences Against a Child of or Over 13 and Under 16 years

According to WA Law for the charge of Sexual Offences Against a Child of or Over 13 and Under 16 years,

the maximum penalty for a person who sexually penetrates a child of or over 13 and under 16 or who procures, incites or encourages a child of or over 13 and under 16 to engage in sexual behaviour is 14 years imprisonment or if the child is under the offender’s care or authority the maximum penalty is 20 years.

The maximum penalty for a person who indecently deals with a child of or over 13 and under 16 or who procures, incites or encourages a child under 16 to do an indecent act is 7 years imprisonment or if the child is under the offender’s care or supervision, the maximum penalty is 10 years.

The maximum penalty for indecently recording a child of or over 13 and under 16 years is 7 years imprisonment or if the child is under the offender’s care or supervision, the maximum penalty is 10 years.

What the Police must prove according to WA Law for Sexual Offences Against a Child of or Over 13 and Under 16 years

(1) That the child was of or over the age of 13, but under the age of 16 at the time of the offence; and
(2) That the offender penetrated the child, indecently dealt with the child, encouraged or incited sexual behaviour or indecently acted or indecently recorded the child.

Possible Defences under WA Law – Sexual Offences Against a Child of or Over 13 and Under 16 years

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.

Where the child is in the offender’s care or authority, the accused cannot claim they reasonably thought the child was of or over the age of 16.

It is a defence to the charge if the person can prove they are lawfully married to the child. Where the person is married to the child, it is a defence to indecently recording the child if the recording was for the sole use of the offender and the child.

In WA which court will hear the matter – Sexual Offences Against a Child of or Over 13 and Under 16 years

The matter would be heard in the District Court.

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