Unlawful Sexual Intercourse Key Facts

Maximum Penalty

  • Offence with a person under the age of 14 is life imprisonment.
  • Offence other than that with a person under the age of 14 as noted above is 10 years imprisonment.

Possible Defences

  • There is an honest and reasonable mistake of fact

What Is The Charge of Acts of Gross Indecency?

What the law states according to SA

A person will also be guilty of an offence if they have sexual intercourse with a person under the age of seventeen years.

A person will be guilty of an aggravated offence if they have sexual intercourse with any person under the age of fourteen years.

If a person who is in a position of authority, for example, a teacher, foster parent or medical practitioner and they have sexual intercourse with a person under the age of 18 years of age then they will be guilty of an offence.

A person who has sexual intercourse with a person knowing that the other person has a intellectual disability unable to understand the nature or consequences of sexual intercourse will be guilty of an offence.

What Is The Penalty For Unlawful Sexual Intercourse?

The maximum penalty for an offence with a person under the age of 14 is life imprisonment.

The maximum penalty for an offence other than that with a person under the age of 14 as noted above is 10 years imprisonment.

What Are The Possible Defences For Unlawful Sexual Intercourse?

It may be a defence to the charge if:

  • There is an honest and reasonable mistake of fact

Under subsection (3) it will be a defence to a charge if the defendant was above the age of 16 years and the on the date in question the accused was under the age of 17 years or believed on reasonable grounds that the person was above the age of 17 years. (honest and reasonable mistake of fact)

What The Prosecution Must Prove

The prosecution must prove that:

  • That sexual intercourse took place; and
  • That the person was under a certain age; and
  • You had knowledge that you were having sexual intercourse with a person who was under the age specified under the legislation or was incapable of giving adequate consent due to an intellectual disability.

What Court will hear the Matter

This offence will be dealt with in the District Court of South Australia.

Case Studies For Similar Offences

We have defended thousands of criminal cases over many decades and constantly achieve outstanding results for our clients. Please view our results by clicking the cases below:

Possess Child Pornography

Possess Child Pornography

Reference: 1500820

Indecent Assault

Indecent Assault

Indecent Assault

Indecent Assault

Withdrawal of Aggravated Indecent Assault

Withdrawal of Aggravated Indecent Assault

Reference: 1700430

Case Study – Sex Offenders Register

Case Study – Sex Offenders Register

Reference: 1700430

Case Study – Serious Sexual Assault

Case Study – Serious Sexual Assault

Reference: 1500395

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