Law Information - Sexual Offences - SA

Child Sexual Assault

Date: 09/01/2009

The Law -

Offences of this nature are covered under the Criminal Law Consolidation Act 1935.

The Maximum Penalty for Child Sexual Assault

A number of offences can be committed and include:

• Sexual intercourse with any person under 14 years (also referred to as Unlawful Sexual Intercourse) [Criminal Law Consolidation Act 1935 s.49(1)] which carries a penalty of life imprisonment  

• Sexual intercourse with a person aged 14 years and under 17 years [Criminal Law Consolidation Act 1935 s.49(3)] which carries a maximum penalty of imprisonment for ten years 

• sexual intercourse with a person under the age of 18 years who is under the authority of the   accused, for example a guardian, teacher, medical practitioner, psychologist or social worker providing professional services to the child [Criminal Law Consolidation Act 1935 s.49(5)], which carries a maximum penalty of imprisonment for ten years 

• Indecent assault on a person under the age of 17 years [Criminal Law Consolidation Act 1935 s.56] which carries a penalty of eight years imprisonment, or where the victim was under 14 years, a penalty of ten years imprisonment. 

What the prosecution must prove - Child Sexual Assault

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Possible Defences - Child Sexual Assault

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The Court process - Child Sexual Assault

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