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Legislation of INTERPOL member states on sexual offences against children


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Legislation of INTERPOL member states on sexual offences against children

Description: National Laws Australia Canberra

Keywords:

Category: 6

Body text:

National Laws
Legislation of INTERPOL member states on sexual offences against children
Australia - Australie - Australia
Canberra
 
II. The Legislation of the Australian State of Queensland
‘Carnal knowledge of girls under sixteen (16)’, Section 215 of the Criminal Code
'(1) Any person who has or attempts to have unlawful carnal knowledge of a girl under the age of sixteen (16) years is guilty of an indictable offence.
(2) If the girl is of or above the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(3) If the girl is under the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.
(4) If the girl is not the lineal descendant of the offender but the offender is her guardian or, for the time being, has her under the offender's care, the offender is guilty of a crime, and is liable to imprisonment for life or, in the case of an attempt to have unlawful carnal knowledge, to imprisonment for 14 years.
(5) If the offence is alleged to have been committed in respect of a girl of or above the age of twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen (16) years.
(6) In this section 'carnal knowledge' 'does not include sodomy.'
‘Unlawful Sodomy’, Section 208 of the Criminal Code
'(1) Any person who-
(a) sodomises a person under eighteen (18) years; or
(b) permits a male person under eighteen (18) years to sodomise him or her; or
(c) sodomises an intellectually impaired person; or
(d) permits an intellectually impaired person to sodomise him or her;
-commits a crime.
Maximum penalty: 14 years imprisonment.
(2) The offender is liable to imprisonment for life if the offence is committed in respect of:
(a) a child under twelve (12) years; or
(b) a child, or an intellectually impaired person, who is to the knowledge of the offender-
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) For an offence defined in subsection (1) (a) or (b) alleged to have been committed in respect of a child who is twelve (12)years or more, it is a defence to prove that the accused person believed, on reasonable grounds, that the person in respect of whom the offence was committed was eighteen (18) years or more.
(4) It is a defence to a charge of an offence defined in subsection (1) (c) or (d) to prove-
(a) that the accused person believed on reasonable grounds that the person was not an intellectually impaired person; or
(b) that the act that was the offence did not, in the circumstances, constitute sexual exploitation of the intellectually impaired person.'
‘Attempted sodomy’, Section 209 of the Criminal Code
'(1) Any person who attempts to commit a crime defined in section 208 is guilty of a crime and is liable to imprisonment for 7 years.
(2) The offender is liable to imprisonment for 14 years if the offence is committed in respect of
(a) a child under twelve (12) years; or
(b) a child, or an intellectually impaired person, who is to the knowledge of the offender:
(i) his or her lineal descendant; or
(ii) under his or her guardianship or care.
(3) It is a defence to a charge of attempting to commit an offence defined in section 208(1) (a) or (b) in respect of a child who is twelve (12) years or more to prove that the accused person believed, on reasonable grounds, that the child was of or above eighteen (18) years.
(4) It is a defence to a charge of attempting to commit an offence defined in section 208(1) (c) or (d) to prove
(a) that the accused person believed on reasonable grounds that the person in respect of whom the offence was committed was not an intellectually impaired person; or
(b) that the act that was the offence did not, in the circumstances, constitute sexual exploitation of the intellectually impaired person.'
‘Taking a child for immoral purposes’, Section 219 of the Criminal Code
'(1) Any person who takes or entices away, or detains a child who is under the prescribed age and is not the spouse of that person for the purpose of any person, whether a particular person or not, doing an act in relation to the child (a "proscribed act") defined to constitute an offence in section 208, 210 or 215 is guilty of a crime.
(2) If the child is of or above the age of twelve (12) years, the offender is liable to imprisonment for 10 years.
(3) If the child is under the age of twelve (12) years, the offender is liable to imprisonment
(a) for life, where the proscribed act is one defined to constitute an offence in section 208 or 215;
(b) for 14 years in any other case.
(4) If the proscribed act is one defined to constitute an offence defined in section 208 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above eighteen (18) years.
(5) If the proscribed act is one defined to constitute an offence defined in section 210 or 215 and the child is of or above twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, the child was of or above sixteen (16) years.
(6) In this section (1) 'prescribed age' means
(a) for an offence defined in section 208, eighteen (18) years;
(b) for an offence defined in section 210 or 215, sixteen (16) years.'
‘Incest’, Section 222 of the Criminal Code
'(1) Any person who-
(a) has carnal knowledge with or of the person's offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and
(b) knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;
-commits a crime. Maximum penalty-imprisonment for life.
(2) Any person who attempts to commit the crime of incest is liable to imprisonment for 10 years.
(3) It is immaterial that the act or attempted act of carnal knowledge happened with the consent of either person.
(4) It is a defence to a charge under this section to prove that the accused person was, at the time when the act or attempted act of carnal knowledge happened, acting under the coercion of the other person.
(5) A reference in this section to an offspring or other lineal descendant, or a sibling or a parent includes a relationship of that type that is a half, adoptive or step relationship.
(6) For subsection (5), a reference to a step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.
(7) Also, for subsection (5), a reference to a step relationship does not include a step relationship that first arose after the relevant persons became adult.
(8) This section does not apply to carnal knowledge between persons who are lawfully married or entitled to be lawfully married.'
‘Maintaining a sexual relationship with a child’, Section 229B of the Criminal Code
'(1) Any adult who maintains an unlawful relationship of a sexual nature with a child under the prescribed age is guilty of a crime and is liable to imprisonment for 14 years.
(2) A person shall not be convicted of the offence defined in subsection ( 1) unless it is shown that the accused person, as an adult, has, during the period in which it is alleged that he or she maintained the relationship in issue with the child, done an act defined to constitute an offence of a sexual nature in relation to the child, other than an offence defined in section 210 (1) (e) or (f), on 3 or more occasions and evidence of the doing of any such act shall be admissible and probative of the maintenance of the relationship notwithstanding that the evidence does not disclose the dates or the exact circumstances of those occasions.
(3) If in the course of the relationship of a sexual nature the offender has committed an offence of a sexual nature for which the offender is liable to imprisonment for 14 years or more, the offender is liable in respect of maintaining the relationship to imprisonment for life.
(4) If-
(a) the offence of a sexual nature mentioned in subsection (2) is alleged to have been committed in respect of a child of or above twelve (12) years; and
(b) the offence is defined under section 208 or 209;
-it is a defence to prove that the accused person believed throughout the relationship, on reasonable grounds, that the child was of or above eighteen (18) years.
(5) If-
(a) the offence of a sexual nature mentioned in subsection (2) is alleged to have been committed in respect of a child of or above twelve (12) years; and
(b) the offence is one other than one defined under section 208 or 209;
-it is a defence to prove that the accused person believed throughout the relationship, on reasonable grounds, that the child was of or above sixteen (16) years.
(6) A person may be charged in 1 indictment with an offence defined in this section and with any other offence of a sexual nature alleged to have been committed by him or her in the course of the relationship in issue in the first mentioned offence and he or she may be convicted of and punished for any or all of the offences so charged.
(7) However, where the offender is sentenced to a term of imprisonment for the first mentioned offence and a term of imprisonment for the other offence an order shall not be made directing that 1 of those sentences take effect from the expiration of deprivation of liberty for the other.
(8) A prosecution for an offence defined in this section shall not be commenced without the consent of a Crown Law Officer
(9) In this section ‘prescribed age’ means
(a) to the extent that the relationship involves an act defined to constitute an offence in section 208 or 209-18 years; or
(b) to the extent that the relationship involves any other act defined to constitute an offence of a sexual nature-16 years.'
 
IV. Child prostitution
--------------------------------------------------------------------------------
 
‘Procuring young person etc. for carnal knowledge’, Section 217 of the Criminal Code
'(1) A person who procures a person who is not an adult or is an intellectually impaired person to engage in carnal knowledge (either in Queensland or elsewhere) commits a crime.
Maximum penalty-imprisonment for 14 years.
(2) In this section "procure" means knowingly entice or recruit for the purposes of sexual exploitation.'
 
 â€˜Indecent treatment of children under sixteen (16)’, Section 210 of the Criminal Code
'(1) Any person who-
(a) unlawfully and indecently deals with a child under the age of sixteen (16) years;
(b) unlawfully procures a child under the age of sixteen (16) years to commit an indecent act;
(c) unlawfully permits himself or herself to be indecently dealt with by a child under the age of sixteen (16) years;
(d) wilfully and unlawfully exposes a child under the age of sixteen (16) years to an indecent act by the offender or any other person;
(e) without legitimate reason, wilfully exposes a child under the age of sixteen (16) years to any indecent object or any indecent film, videotape, audiotape, picture, photograph or printed or written master;
(f) without legitimate reason, takes any indecent photograph or records, by means of any device any indecent visual image of a child under the age of sixteen (16) years,
-is guilty of an indictable offence.
(2) If the child is of or above the age of twelve (12) years, the offender is guilty of a crime,and is liable to imprisonment for 10 years.
(3) If the child is under the age of twelve (12) years, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(4) If the child is, to the knowledge of the offender, his or her lineal descendant or if the offender is the guardian of the child or, for the time being, has the child under his or her care, the offender is guilty of a crime, and is liable to imprisonment for 14 years.
(5) If the offence is alleged to have been committed in respect of a child of or above the age of twelve (12) years, it is a defence to prove that the accused person believed, on reasonable grounds, that the child was of or above the age of sixteen (16) years.
(6) In this section 'deals with' includes doing any act which, if clone without consent, would constitute an assault as defined in this Code.'

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