124Penetrative sexual abuse of child or young person

124 Penetrative sexual abuse of child or young person

[Section 124 Substituted by No. 71 of 1987, s. 7 ]

(1)  Any person who has unlawful sexual intercourse with another person who is under the age of 17 years is guilty of a crime.

Charge:  [Section 124 Amended by No. 8 of 2020, s. 5, Applied:06 Apr 2020] Penetrative sexual abuse of a child [or young person].

(2)  [Section 124 Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(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 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 12 years and the accused person was not more than 3 years older than that person.

(4)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] This section is to be taken to be in force from 4 April 1924.

(5)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] [Section 124 Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013] .  .  .  .  .  .  .  .  

(6)  [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] 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 .