14BMistake as to age of victim in relation to certain sexual offences

14B Mistake as to age of victim in relation to certain sexual offences

[Section 14B Amended by No. 34 of 2013, s. 4, Applied:08 Oct 2013]

(1)  In this section –

relevant offence means –

(a) [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] an offence against section 124 , 125B , 125C , 125D or 127 ; and

(b) [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] an offence of attempting to commit an offence against section 124 , 125B , 125C , 125D or 127 .

(2)  In proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 13 years, a mistaken belief by the accused as to the age of the person does not excuse the accused from criminal responsibility for any act or omission done or made under such a mistaken belief.

(3)  In proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 17 years, a mistaken belief by the accused as to the age of the person is not honest or reasonable if –

(a) the accused did not take all reasonable steps to ascertain the age of the person; or

(b) the accused was in a state of self-induced intoxication and the mistake was not one which the accused would have made if not intoxicated.

(4)  [Section 14B Amended by No. 26 of 2017, s. 4, Applied:14 Jul 2017] For the avoidance of doubt, in proceedings for a relevant offence, by an accused, in respect of a person who is under the age of 17 years but not under the age of 13 years, an honest and reasonable but mistaken belief by the accused as to the age of the person may be relied on for the purpose of a defence referred to in , , , or .