49VDefence to offence against a child under 16—similarity in age

49V Defence to offence against a child under 16—similarity in age

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

(a) A was not more than 2 years older than B; and

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

(c) B consented to the sexual penetration.

References to A and B in this section are references to the same A and B referred to in section 49B.

S. 49W inserted by No. 47/2016 s. 16.