34B Sexual activity with the corpse of a human being 63
34BA Removal of body parts from the corpse of a human being 64
34BB Offensive conduct involving human remains 64
34BC Location of corpse or human remains immaterial 65
34BD Exceptions 65
34BE No defence of mistaken but honest and reasonable belief that activity was not sexual or conduct was not offensive 66
(8) Sexual offences (general provisions) 67
35 Definitions 68
35A Sexual penetration 70
35B Touching 72
35C Taking part in a sexual act 73
35D Sexual activity 73
36 Consent 74
36AA Circumstances in which a person does not consent 74
36A Reasonable belief in consent 77
36B Effect of intoxication on standard to be applied in determining reasonable belief 78
37 Care, supervision or authority 79
37A Objectives of Subdivisions (8A) to (8G) 80
37B Guiding principles 81
(8A) Rape, sexual assault and associated sexual offences 82
38 Rape 83
39 Rape by compelling sexual penetration 84
40 Sexual assault 85
41 Sexual assault by compelling sexual touching 86
42 Assault with intent to commit a sexual offence 87
43 Threat to commit a sexual offence 88
44 Procuring sexual act by threat 89
45 Procuring sexual act by fraud 90
46 Administration of an intoxicating substance for a sexual purpose 91
47 Abduction or detention for a sexual purpose 92
48 Sexual activity directed at another person 93
48A Exceptions—medical, hygienic, veterinary, agricultural or scientific purposes 94
48B No defence of mistaken but honest and reasonable belief that touching or activity was not sexual 94
(8B) Sexual offences against children 95
49A Sexual penetration of a child under the age of 12 95
49B Sexual penetration of a child under the age of 16 97
49C Sexual penetration of a child aged 16 or 17 under care, supervision or authority 98
49D Sexual assault of a child under the age of 16 98
49E Sexual assault of a child aged 16 or 17 under care, supervision or authority 100
49F Sexual activity in the presence of a child under the age of 16 102
49G Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority 104
49H Causing a child under the age of 16 to be present during sexual activity 106
49I Causing a child aged 16 or 17 under care, supervision or authority to be present during sexual activity 108
49J Persistent sexual abuse of a child under the age of 16 110
49K Encouraging a child under the age of 16 to engage in, or be involved in, sexual activity 113
49L Encouraging a child aged 16 or 17 under care, supervision or authority to engage in, or be involved in, sexual activity 115
49M Grooming for sexual conduct with a child under the age of 16 117
49N Loitering near schools etc. by sexual offender 118
49O Failure by a person in authority to protect a child from a sexual offence 122
49P Abduction or detention of a child under the age of 16 for a sexual purpose 125
49Q Causing or allowing a sexual performance involving a child 126
49R Inviting or offering a sexual performance involving a child 127
49S Facilitating a sexual offence against a child 128
49T Exception to sexual penetration offences—medical or hygienic purposes 130
49U Exceptions to offences against children under 16—similarity in age 130
49V Defence to offence against a child under 16—similarity in age 130
49W Defences to offences against children under 16—reasonable belief as to age 131
49X Defences to offences against children aged 16 or 17 or under 18—reasonable belief as to age 132
49Y Exceptions to offences against children aged 16 or 17—marriage or domestic partnership 133
49Z Defences to offences against children aged 16 or 17—reasonable belief as to marriage or domestic partnership 134
49ZA Defences to offences against children aged 16 or 17—reasonable belief as to care, supervision or authority 135
49ZB Exception to loitering offence 136
49ZC No defence of mistaken but honest and reasonable belief of certain matters 136
(8C) Incest 137
50A Definitions 137
50B Rebuttable presumption as to family relationship 138
50C Sexual penetration of a child or lineal descendant 139
50D Sexual penetration of a step-child 140
50E Sexual penetration of a parent, lineal ancestor or step-parent 141
50F Sexual penetration of a sibling or half‑sibling 141
50G Exception—medical or hygienic purposes 142
50H Defence—accused did not consent 142
50I Exception to offences against section 50D 142
50J Exceptions to offences against section 50E 143
50K Consent not a defence 143
(8D) Child abuse material 144
51A Definitions 144
51B Involving a child in the production of child abuse material 148
51C Producing child abuse material 149
51D Distributing child abuse material 149
51E Administering a website used to deal with child abuse material 150
51F Encouraging use of a website to deal with child abuse material 152
51G Possession of child abuse material 153
51H Accessing child abuse material 155
51I Assisting a person to avoid apprehension 155
51J Exception—administration of the law 157
51K Exception—classification 157
51L Defence of artistic merit or public benefit 158
51M Exceptions applying to children 159
51N Defence applying to children 160
51O Defence—image of oneself 161
51P Defence—accused not more than 2 years older than 16 or 17 year old child and acts with child's consent 162
51Q Defence—marriage or domestic partnership 163
51R Defence—reasonable belief in marriage or domestic partnership 165
51S Defence—reasonable steps to prevent use of a website for child abuse material 167
51T Defence—unsolicited possession 168
51U No defence of mistaken but honest and reasonable belief that child abuse material not offensive 168
51V Use of random sample evidence in child abuse material cases 168
51W Application for child abuse material disposal order 171
51X Child abuse material disposal order 173
51Y Disposal of thing or material by consent 175
(8E) Sexual offences against persons with a cognitive impairment or mental illness 175
52A Definitions 176
52B Sexual penetration of a person with a cognitive impairment or mental illness 178
52C Sexual assault of a person with a cognitive impairment or mental illness 179
52D Sexual activity in the presence of a person with a cognitive impairment or mental illness 181
52E Causing a person with a cognitive impairment or mental illness to be present during sexual activity 182
52F Exceptions to sexual penetration offence—medical, hygienic, veterinary, agricultural or scientific purposes 184
52G Exception—marriage or domestic partnership 185
52H Defence—reasonable belief in marriage or domestic partnership 185
52I Defence—reasonable belief a person does not have a cognitive impairment or mental illness 186
52J Defence—reasonable belief the service provider does not provide treatment or support services to the person with a cognitive impairment or mental illness 186