New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 80AG

80AG Defence of similar age

(1) It is a defence to a prosecution for an offence under section 66C (3), 66DB, 66DD, 73 or 73A if the complainant is of or above the age of 14 years and the age difference between the complainant and the accused person is no more than 2 years.

(2) In any criminal proceedings in which the application of this section is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the complainant was less than 14 years of age or that the difference in age between the complainant and the accused person is more than 2 years.