Victorian Current Acts

CRIMES ACT 1958 - SECT 49W

    (1)     It is a defence to a charge for an offence against section 49B(1), 49D(1) or 49F(1) if, at the time of the conduct constituting the offence—

        (a)     B was 12 years of age or more; and

        (b)     A reasonably believed that B was 16 years of age or more.

    (2)     It is a defence to a charge for an offence against section 49H(1) if, at the time of the conduct constituting the offence—

        (a)     C was 12 years of age or more; and

        (b)     A reasonably believed that C was 16 years of age or more.

    (3)     It is a defence to a charge for an offence against section 49K(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 16 years of age or more.

    (4)     A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(b), (2)(b) or (3).

Notes

1         References to A, B and C in this section are references to the same A, B and C referred to in sections 49B, 49D, 49F, 49H and 49K.

2     Whether or not A reasonably believed that B or C was 16 years of age or more depends on the circumstances. The circumstances include any steps that A took to find out B or C's age.

3     An evidential burden applies to the matters referred to in subsections (1)(a) and (2)(a).

S. 49X inserted by No. 47/2016 s. 16.