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Sexual Offences Against a Child Under 13

Sexual Offences – WA

Welcome to the WA Sexual Offences Against a Child Under 13 article page. Everything you need to know about Sexual Offences Against a Child Under 13 according to WA Law.

What the Law states according to WA Law for Sexual Offences Against a Child Under 13

According to WA Law for the charge of Sexual Offences Against a Child Under 13:

Section 320: A person who sexually penetrates a child under 13, or who procures, incites, or encourages a child under 13 to engage in sexual behaviour, is guilty of a crime.

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

A person who indecently records a child under 13 is guilty of a crime.

The Maximum Penalty – Sexual Offences Against a Child Under 13

According to WA Law for the charge of Sexual Offences Against a Child Under 13:

The maximum penalty for a person who sexually penetrates a child under 13 or who procures, incites, or encourages a child under 13 to engage in sexual behaviour is 20 years imprisonment.

The maximum penalty for a person who indecently deals with a child under 13 or who procures, incites or encourages a child under 13 to do an indecent act is 10 years imprisonment.

The maximum penalty for a person who indecently records a child under 13 is 10 years imprisonment.

What the Police must prove according to WA Law for Sexual Offences Against a Child Under 13

(1) That the child was under the age of 13 years 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 indecent acts, or indecently recorded the child.

Intent is not an element of a sexual offence with a child under 13.

Possible Defences under WA Law – Sexual Offences Against a Child Under 13

The only defence available is identification (the offender is not the person who indecently dealt with the child).

It is not a defence to claim that the accused was not aware of the age of the victim.

It is very important to note that a child under 13 cannot consent to a sexual act and therefore consent cannot be a defence.

In WA which court will hear the matter – Sexual Offences Against a Child Under 13

The matter will be heard in the District Court.

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