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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8B) - Sexual offences against children
49W Defences to offences against children under 16— reasonable belief as to age
(1)It is a defence to a charge for an offence against section 49B(1), 49D(1) or 49F(1) if, at the time of the conduct constituting the offence—
(a)B was 12 years of age or more; and
(b)A reasonably believed that B was 16 years of age or more.
(2)It is a defence to a charge for an offence against section 49H(1) if, at the time of the conduct constituting the offence—
(a)C was 12 years of age or more; and
(b)A reasonably believed that C was 16 years of age or more.
(3)It is a defence to a charge for an offence against section 49K(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 16 years of age or more.
(4)A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection
(1)(b), (2)(b) or (3).
1References to A, B and C in this section are references to the same A, B and C referred to in sections 49B, 49D, 49F, 49H and 49K.
2Whether or not A reasonably believed that B or C was
16years of age or more depends on the circumstances. The circumstances include any steps that A took to find out B or C's age.
3An evidential burden applies to the matters referred to in subsections (1)(a) and (2)(a).