Tasmania - Age of Consent
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Source: http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/
Australia - Australie - Australia Canberra
III. The Legislation of the Australian State of Tasmania
I. Ages for legal purposes
No information has been received in connection with this question.
II. Rape
‘Rape’, Section 185 of the " Criminal Code Act 1924 "
" (1) Any person who has sexual intercourse with another person without that
person’s consent is guilty of a crime. "
III. Other forms of child sex abuse
CRIMINAL CODE ACT 1924, CHAPTER XIV & XX.
‘Sexual intercourse with a young person under the age of seventeen (17) years’,
Section 124 of the " Criminal Code Act 1924"
" (1) Any person who has unlawful sexual intercourse with another person who is under
the age of seventeen (17) years is guilty of a crime.
(2) It is a defence to a charge under this section to prove that the accused person
believed on reasonable grounds that the other person was of or above the age of seventeen
(17) years.
(3) The consent of a person against whom a crime is alleged to have been committed under
this section is a defence to such a charge only where, at the time the crime was alleged
to have been committed
a) that person was of or above the age of fifteen (15) years and the accused person was
not more than 5 years older than that person ; or
b) that person was of or above the age of twelve (12) years and the accused person was not
more than 3 years older than that person. "
‘Indecent Assault’, Section 127 of the " Criminal Code Act 1924 "
" (1 ) Any person who unlawfully and indecently assaults another person is guilty of
a crime.
(2) In any case in which it is provided that the consent of a person to the act charged
shall be a defence to a charge under section 124, the like consent to an act charged under
this section given under the like conditions as to the age of the parties shall be a
defence to a charge under this section.
1. Except as hereinbefore provided, the consent of a person under 17 years of age shall be
no defence to a charge under this section.
2. This section is to be taken to be in force from 4 April 1924.
3. Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction
arising from conduct that occurred before the commencement of the Criminal Code Amendment
(Sexual Offences) Act 1987. "
‘Aggravated sexual assault’, Section 127A of the " Criminal Code Act 1924
"
" (1) A person who unlawfully and indecently assaults another person by the
penetration to the least degree of the vagina, genitalia or anus of that other person by-
(a) any part of the human body other than the penis; or
(b) an inanimate object,
-is guilty of a crime.
(2) In any case where it is provided that the consent of a person to the act charged shall
be a defence to a charge under section 124, the like consent to an act charged under this
section given under the like conditions as to the age of the parties shall be a defence to
a charge under this section.
(3) Except as provided by subsection (2), the consent of a person under seventeen (17)
years shall be no defence to a charge under this section. "
‘Incest’, Section 133 of the " Criminal Code Act 1924 "
" (l) Any person who has sexual intercourse with another person knowing that other
person to be his or her lineal ancestor, lineal descendant, or sibling, is guilty of a
crime whether or not that other person has consented to such sexual intercourse.
(2) Any person of or above the age of sixteen (16) years who, with consent, permits
another person to have sexual intercourse with him or her, knowing that other person to be
his or her lineal ancestor, lineal descendant, or sibling, is guilty of a crime.
(3) This section applies whether or not the relationship between the persons is traced
through lawful wedlock.
(4) In this section, ‘sibling’ includes half-brother and half-sister. "
‘Abduction of a young person under the age of seventeen (17) years’, Section 189
of the " Criminal Code Act
1924 "
" Any person who unlawfully takes away, or causes to be taken away, an unmarried
person under the age of seventeen (17) years out of the possession and against the will of
a parent of that person or a person having the lawful charge or care of that person, is
guilty of a crime. "
‘Abduction of a Child’, Section 191 of the " Criminal Code Act 1924 "
" (1) Any person who unlawfully, by force or fraud takes away, or decoys or entices
away, or detains, any child under the age of fourteen (14) years, with intent to deprive
any parent, guardian, or other person having the lawful charge or care of such child, of
the possession of such child, or with intent to steal any article upon or about the person
of such child, is guilty of a
crime.
(2) Any person who, with any such intent as aforesaid, receives or harbours any such
child, knowing it to have been so taken, decoyed or enticed away, or detained, is guilty
of a crime.
(3) In any proceedings under subsection (1), it shall be a defence to prove that the
accused-
(a) acted upon a claim of right to the possession of such child;
(b) is the mother of such child, if the child is illegitimate; or
(c) acted in good faith upon a claim that he is the father of such child, if the child is
illegitimate. "
THE POLICE OFFENCES ACT 1935, PART III.
‘Injuries to the Person’, Section 35 of the " Police Offences Act 1935
"
" (1 ) A person shall not unlawfully assault another person.
(1A) A person who contravenes a provision of subsection (1 ) is guilty of an offence and
is liable on summary conviction to a penalty not exceeding 5 penalty units or to
imprisonment for a term not exceeding 6 months.
(2) Where any person is charged with having unlawfully assaulted any child who, in the
opinion of the court, is under the age of fourteen (14) years, or any female, the court,
if it considers the assault is of an aggravated nature, may sentence the offender to pay a
fine not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months,
and in addition, may require
the offender to enter into a recognisance with such sureties as the court thinks
necessary, to be of good behaviour for any period not exceeding 12 months.
(3) Whoever with indecent intent assaults any child apparently under the age of fourteen
(14) years or any years or any female shall be liable to a fine not exceeding 20 penalty
units or to imprisonment for a term not exceeding 2 years, and, in addition, may be
required to enter into a recognisance, with such sureties as the court thinks necessary,
to be of good behaviour for any
period not exceeding 2 years.
(4) If on complaint under subsection (3) the court finds the assault proved but not the
intent, it may amend the complaint to one under subsection (1 ) for the same assault and
convict accordingly. "
VI. Child prostitution
CRIMINAL CODE ACT 1924, CHAPTER XIV, ‘Crimes Against Morality’
Section 125 of the " Criminal Code Act 1924 ", ‘Permitting unlawful sexual
intercourse with a young person on
premises’
" Any person who-
(a) is the owner or occupier of any premises, or
(b) has, or acts or assists in, the management or control of any premises,
and who induces or knowingly permits any person under the age of seventeen (17) years to
be in or upon the premises for the purposes of having unlawful sexual intercourse with
another person is guilty of a crime. "
‘Procuration’, Section 128
" Any person who-
(a) (Repealed)
(b) procures another person to become a common prostitute, either in this State or
elsewhere;
(c) procures another person to leave this State with intent that such a person may become
an inmate of, or frequent, a brothel elsewhere; or
(d) procures another person to leave that person's usual place of abode in this State,
such place not being a brothel, with intent that such a person may for the purposes of
prostitution become an inmate of, or frequent, a brothel, either in this
State or elsewhere,
-is guilty of a crime. "
‘Procuring by threats, fraud or administering drugs’, Section 129
" Any person who-
(a) by threats or intimidation of any kind procures another person to have unlawful sexual
intercourse, either in this State or elsewhere;
(b) by any false pretence or false representation procures another person to have unlawful
sexual intercourse, either in this State or elsewhere; or
(c) administers, or causes another person to take, any drug or other thing with intent to
stupefy or overpower that person in order to enable any other person to have sexual
intercourse with that person,
-is guilty of a crime. "
V. Child pornography
No information has been received in connection with this offence.