48BNo defence of mistaken but honest and reasonable belief that touching or activity was not sexual

48B No defence of mistaken but honest and reasonable belief that touching or activity was not sexual

It 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 40(1) or 41(1)—the touching was not sexual; or

(b) for an offence against section 48(1)—the activity was not sexual.

The reference to A in this section is a reference to the same A referred to in sections 40, 41 and 48.

Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 51) inserted by No. 9509 s. 5, amended by No. 102/1986 s. 9(a)–(c), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and s. 44) by No. 8/1991 s. 3, amended by Nos 49/1991 s. 119(3)
(Sch. 3 items 3A, 4), 48/1997 s. 60(1)(Sch. 1 item 21), 2/2006 s. 8, 57/2007 s. 8, 52/2014 s. 13, 65/2016 s. 20(14)(15), substituted as Pt 1 Div. 1 Subdiv. (8B) (Heading and ss 49A–49ZC) by No. 47/2016 s. 16.

(8B) Sexual offences against children

New s. 49A inserted by No. 47/2016 s. 16.