49WDefences to offences against children under 16—reasonable belief as to age

49W Defences to offences against children under 16—reasonable belief as to age

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

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

(b) A reasonably believed that B was 16 years of age or more.

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

(a) C was 12 years of age or more; and

(b) A reasonably believed that C was 16 years of age or more.

(3) It is a defence to a charge for an offence against section 49K(1) if, at the time of the conduct constituting the offence, A reasonably believed that B was 16 years of age or more.

(4) A bears the burden of proving (on the balance of probabilities) the matter referred to in subsection (1)(b), (2)(b) or (3).

1 References to A, B and C in this section are references to the same A, B and C referred to in sections 49B, 49D, 49F, 49H and 49K.

2 Whether or not A reasonably believed that B or C was 16 years of age or more depends on the circumstances. The circumstances include any steps that A took to find out B or C's age.

3 An evidential burden applies to the matters referred to in subsections (1)(a) and (2)(a).

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