The maximum penalty under Section 58 of the Criminal Law Consolidation Act 1935 (SA) is 15 years’ imprisonment. Cases involving aggravating factors such as repeated offending, coercion, or abuse of a position of trust or authority are treated as the most serious and attract lengthy custodial sentences.

No. Consent is not a defence where the complainant is under the age of 16 under this section of the Act.

Sentencing is harsher where there are aggravating factors such as repeat offending, prior convictions, coercion or threats, or where the offender was in a position of trust or authority. These factors can significantly increase the length of imprisonment.

Yes. These are serious sexual offences with heavy penalties, and imprisonment is common. An experienced criminal defence lawyer can advise you on possible defences, negotiate with prosecutors and present your case to get the best possible outcome.

No. Courts hold that it’s enough the act occurred in the presence of a person under 16, even if that person wasn’t aware of it.

The law does not provide an automatic exemption simply because the accused is also under 16. A young person can be charged with acts of gross indecency involving another child. However, when the accused is underage, the courts take into account their age, maturity, and circumstances when deciding whether to prosecute and how to sentence.

In practice, many cases involving children close in age are dealt with differently to serious adult offending. Prosecutors often exercise discretion in these situations, and if charges are laid, penalties are usually far less severe than for an adult. Still, the offence remains serious and legal advice is essential if a young person is accused.

Major indictable offences like gross indecency don’t carry strict time limitations the way summary offences do.