Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 55A

    (1)     A person commits an offence if—

        (a)     the person engages in sexual intercourse with a young person; and

        (b)     the young person is under the person's special care.

Maximum penalty: imprisonment for 10 years.

Note     A reference to an offence includes a reference to a related ancillary offence, eg attempt (see Legislation Act

, s 189).

    (2)     Without limiting subsection (1), a young person is under the "special care" of a person if the person—

        (a)     is a teacher at a school, or a person with responsibility for students at a school, and the young person is a student at the school; or

        (b)     is a parent, step-parent, grandparent, foster carer or legal guardian of the young person; or

        (c)     is a domestic partner of a person mentioned in paragraph (b); or

        (d)     has an established personal relationship with the young person in relation to the provision of religious, sporting, musical or other instruction; or

        (e)     is the young person's employer; or

        (f)     provides professional counselling to the young person; or

        (g)     is a health service provider and the young person is the person's patient; or

        (h)     is a custodial officer and the young person is a young detainee in the officer's care, custody or control; or

              (i)     is a carer for the young person if the young person has impaired decision-making ability; or

        (j)     is otherwise responsible for the care, supervision or control of the young person.

    (3)     Subsection (1) does not apply to a person if the person—

        (a)     was married to the young person at the time of the alleged offence; or

        (b)     is not more than 2 years older than the young person.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that the defendant believed on reasonable grounds that the young person was at least 18 years old.

Note     The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).

    (5)     In this section:

"custodial officer "means—

        (a)     a police officer; or

        (b)     a corrections officer; or

        (c)     a youth detention officer under the Children and Young People Act 2008

, section 96; or

        (d)     a transfer escort under the Children and Young People Act 2008

, section 114; or

        (e)     a prison officer under the Crimes (Sentence Administration) Act 2005

, section 217.

"employer", of a young person, includes someone authorised to—

        (a)     decide or vary the terms of the young person's employment; or

        (b)     end the young person's employment.

"foster carer"—see the Children and Young People Act 2008

, section 518 (2).

"health service"—see the Human Rights Commission Act 2005

, section 7.

"health service provider" includes—

        (a)     a health practitioner; and

        (b)     someone providing a health service.

"young detainee"—see the Children and Young People Act 2008

, section 95.

"young person" means a person who is at least 16 years old, but not yet an adult.

Note     Adult —see the Legislation Act

, dictionary, pt 1.