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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Sexual Offences)
Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes Act 1900 No 40 2
4 Amendment of other Acts 2
Schedules
1 Amendment of Crimes Act 1900 3
2 Amendment of other Acts 9
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2003
New South Wales
Crimes Amendment (Sexual Offences)
Bill 2003
Act No , 2003
An Act to amend the Crimes Act 1900 to provide for the equal treatment of
sexual offences against males and females and to increase the penalties for
sexual offences against children; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Amendment (Sexual Offences) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Amendment (Sexual Offences) Act 2003.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of other Acts
The Acts specified in Schedule 2 are amended as set out in that
Schedule.
Page 2
Crimes Amendment (Sexual Offences) Bill 2003
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 61H Definition of "sexual intercourse" and other terms
Omit "sections 61H-66F" from section 61H (1) and (2) wherever
occurring.
Insert instead "this Division".
[2] Section 61Q Alternative verdicts
Omit "66C (1) or 66C (2)" from section 61Q (2).
Insert instead "66C (3) or 66C (4)".
[3] Section 61Q (3)
Omit ", 66C (1) or 66C (2)". Insert instead "or 66C".
[4] Section 61R Consent
Insert "(or any other mistaken belief about the nature of the act induced by
fraudulent means)" after "purposes" in section 61R (2) (a1).
[5] Section 62 Carnal knowledge--proof
Omit the section.
[6] Section 63 Common law offences of rape and attempted rape
abolished
Insert at the end of the section:
(2) Parts 1 and 19 of the Eleventh Schedule make provision with
respect to rape and other former sexual offences.
[7] Sections 64, 69, 70, 78E and 78T
Omit the sections and insert them, as clauses numbered 51, 52, 53, 54 and
55, after clause 50 in Part 19 of the Eleventh Schedule (as inserted by this
Act).
[8] Section 66 Procuring etc carnal knowledge by fraud
Omit the section.
Page 3
Crimes Amendment (Sexual Offences) Bill 2003
Schedule 1 Amendment of Crimes Act 1900
[9] Section 66C
Omit the section. Insert instead:
66C Sexual intercourse--child between 10 and 16
(1) Child between 10 and 14
Any person who has sexual intercourse with another person
who is of or above the age of 10 years and under the age of 14
years is liable to imprisonment for 16 years.
(2) Child between 10 and 14--aggravated offence
Any person who has sexual intercourse with another person
who is of or above the age of 10 years and under the age of 14
years in circumstances of aggravation is liable to
imprisonment for 20 years.
(3) Child between 14 and 16
Any person who has sexual intercourse with another person
who is of or above the age of 14 years and under the age of 16
years is liable to imprisonment for 10 years.
(4) Child between 14 and 16--aggravated offence
Any person who has sexual intercourse with another person
who is of or above the age of 14 years and under the age of 16
years in circumstances of aggravation is liable to
imprisonment for 12 years.
(5) In this section, circumstances of aggravation means
circumstances in which:
(a) at the time of, or immediately before or after, the
commission of the offence, the alleged offender
maliciously inflicts actual bodily harm on the alleged
victim or any other person who is present or nearby, or
(b) at the time of, or immediately before or after, the
commission of the offence, the alleged offender
threatens to inflict actual bodily harm on the alleged
victim or any other person who is present or nearby by
means of an offensive weapon or instrument, or
(c) the alleged offender is in the company of another
person or persons, or
Page 4
Crimes Amendment (Sexual Offences) Bill 2003
Amendment of Crimes Act 1900 Schedule 1
(d) the alleged victim is (whether generally or at the time of
the commission of the offence) under the authority of
the alleged offender, or
(e) the alleged victim has a serious physical disability, or
(f) the alleged victim has a serious intellectual disability,
or
(g) the alleged offender took advantage of the alleged
victim being under the influence of alcohol or a drug in
order to commit the offence.
[10] Section 66E Alternative verdicts
Omit "16 years" from section 66E (1) (a). Insert instead "14 years".
[11] Section 66E (1A) and (1B)
Insert after section 66E (1):
(1A) Where on the trial of a person for an offence under section
66C (2) or 66C (4) the jury is not satisfied that the accused is
guilty of the offence charged, but is satisfied on the evidence
that the accused is guilty of an offence under section 66C (1)
or 66C (3), it may find the accused not guilty of the offence
charged but guilty of the latter offence, and the accused is
liable to punishment accordingly.
(1B) Where on the trial of a person for an offence under section
66C (1) or 66C (2) the jury is not satisfied that the accused is
guilty of the offence charged, but is satisfied on the evidence
that the accused is guilty of an offence under section 66C (3)
or 66C (4), it may find the accused not guilty of the offence
charged but guilty of the latter offence, and the accused is
liable to punishment accordingly.
[12] Section 73
Omit sections 73-75. Insert instead:
73 Sexual intercourse with child between 16 and 18 under special
care
(1) Any person who has sexual intercourse with another person
who:
(a) is under his or her special care, and
Page 5
Crimes Amendment (Sexual Offences) Bill 2003
Schedule 1 Amendment of Crimes Act 1900
(b) is of or above the age of 16 years and under the age of
17 years,
is liable to imprisonment for 8 years.
(2) Any person who has sexual intercourse with another person
who:
(a) is under his or her special care, and
(b) is of or above the age of 17 years and under the age of
18 years,
is liable to imprisonment for 4 years.
(3) For the purposes of this section, a person (the victim) is under
the special care of another person (the offender) if, and only
if:
(a) the offender is the step-parent, guardian or foster parent
of the victim, or
(b) the offender is a school teacher and the victim is a pupil
of the offender, or
(c) the offender has an established personal relationship
with the victim in connection with the provision of
religious, sporting, musical or other instruction to the
victim, or
(d) the offender is a custodial officer of an institution of
which the victim is an inmate, or
(e) the offender is a health professional and the victim is a
patient of the health professional.
(4) Any person who attempts to commit an offence under
subsection (1) or (2) is liable to the penalty provided for the
commission of the offence.
(5) A person does not commit an offence under this section if the
person and the other person to whom the charge relates were,
at the time the offence is alleged to have been committed,
married to each other.
[13] Section 77 Consent no defence in certain cases
Omit "Except as provided by subsection (2), the" from section 77 (1).
Insert instead "The".
Page 6
Crimes Amendment (Sexual Offences) Bill 2003
Amendment of Crimes Act 1900 Schedule 1
[14] Section 77 (2)
Omit the subsection.
[15] Section 78A
Omit the section. Insert instead:
78A Incest
(1) Any person who has sexual intercourse with a close family
member who is of or above the age of 16 years is liable to
imprisonment for 8 years.
(2) For the purposes of this section, a close family member is a
parent, son, daughter, sibling (including a half-brother or half-
sister), grandparent or grandchild, being such a family
member from birth.
[16] Section 78B Incest attempts
Omit "Whosoever, being a male, attempts to commit any offence under
section 78A, shall be".
Insert instead "Any person who attempts to commit an offence under
section 78A is".
[17] Section 78D Removal from guardianship etc
Omit the section.
[18] Sections 78G, 78J, 78K, 78L, 78N, 78O, 78P, 78Q and 78R
Omit the sections.
[19] Section 80AA
Insert after section 80A:
80AA Referral to child protection agency
On conviction of a person for an offence under this Division,
the court may refer the matter to an appropriate child
protection agency if the person against whom or with whom
the offence was committed is under the authority of the
offender.
Page 7
Crimes Amendment (Sexual Offences) Bill 2003
Schedule 1 Amendment of Crimes Act 1900
[20] Section 91D Promoting or engaging in acts of child prostitution
Omit section 91D (2).
[21] Section 91D (3)
Omit ", except as provided by subsection (2)".
[22] Eleventh Schedule Savings and transitional provisions
Insert after Part 18:
Part 19 Crimes Amendment (Sexual Offences)
Act 2003
49 Defence under section 77 (2)
Section 77 (2), as in force before its repeal by the Crimes
Amendment (Sexual Offences) Act 2003, continues to apply to
offences committed before its repeal.
50 Defence under section 91D (2)
Section 91D (2), as in force before its repeal by the Crimes
Amendment (Sexual Offences) Act 2003, continues to apply to
offences committed before its repeal.
Page 8
Crimes Amendment (Sexual Offences) Bill 2003
Amendment of other Acts Schedule 2
Schedule 2 Amendment of other Acts
(Section 4)
2.1 Criminal Procedure Act 1986 No 209
[1] Section 3 Definitions
Omit ", 78H, 78I, 78K, 78L" from paragraph (a) of the definition of
prescribed sexual offence.
[2] Section 117 Application of Division
Omit "66, 73, 74, 78A, 78B, 78N, 78O, 78Q,".
Insert instead "73, 78A, 78B,".
2.2 Young Offenders Act 1997 No 54
Section 8 Offences covered by Act
Omit ", 78Q" from section 8 (2) (d).
Page 9
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