Victorian Current Acts Victorian Current ActsIt is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—
(a) for an offence against section 49A(1)—B was 12 years of age or more; or
(b) for an offence against section 49D(1) or 49E(1)—the touching was not—
(i) sexual; or
(ii) contrary to community standards of acceptable conduct; or
(c) for an offence against section 49F(1) or 49G(1)—
(i) the activity was not sexual; or
(ii) engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or
(d) for an offence against section 49H(1) or 49I(1)—
(i) the activity was not sexual; or
(ii) A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct; or
(e) for an offence against section 49K(1) or 49L(1)—the activity was not sexual; or
(f) for an offence against section 49Q(1)—the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person in respect of the performance; or
(g) for an offence against section 49R(1)—the invitation or offer did not involve payment, reward or other benefit to any person in respect of the performance; or
(h) for an offence against section 49S(1)—B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence.
Note
References to A, B and C in this section are references to the same A, B and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S.
Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52, 53) inserted by No. 9509 s. 5, amended [2] , substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 50A– 50K) by No. 47/2016 s. 16.
(8C) Incest
S. 50A inserted by No. 47/2016 s. 16.