South Australian Current Acts South Australian Current Acts49—Unlawful sexual intercourse
(1) A person who has
sexual intercourse with any person under the age of 14 years shall be guilty
of an offence and liable to be imprisoned for life.
(3) A person who has
sexual intercourse with a person under the age of seventeen years is guilty of
an offence.
Maximum penalty: Imprisonment for 15 years.
(4) It shall be a
defence to a charge under subsection (3) to prove that—
(a) the
person with whom the accused is alleged to have had sexual intercourse was, on
the date on which the offence is alleged to have been committed, of or above
the age of sixteen years; and
(b) the
accused—
(i)
was, on the date on which the offence is alleged to have
been committed, under the age of seventeen years; or
(ii)
believed on reasonable grounds that the person with whom
he is alleged to have had sexual intercourse was of or above the age of
seventeen years.
(5) A person who,
being in a position of authority in relation to a person under the age of 18
years, has sexual intercourse with that person is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(5a) It is a defence
to a charge under subsection (5) if the accused was a person of a class
described in subsection (9)(c) and proves that—
(a) the
person with whom the accused is alleged to have had sexual intercourse was, on
the date on which the offence is alleged to have been committed, of or above
the age of 17 years; and
(b) the
accused—
(i)
was, on the date on which the offence is alleged to have
been committed, under the age of 18 years; or
(ii)
believed on reasonable grounds that the person with whom
the accused is alleged to have had sexual intercourse was of or above the age
of 18 years.
(6) A person who,
knowing that another is by reason of intellectual disability unable to
understand the nature or consequences of sexual intercourse, has
sexual intercourse with that other person is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(7) Consent to
sexual intercourse is not a defence to a charge of an offence under this
section.
(8) This section does
not apply to sexual intercourse between persons who are married to each other.
(9) For the purposes
of
this section, a person is in "a position of authority" in relation
to a person under the age of 18 years (the "child") if—
(a) the
person is a teacher and the child is a pupil of the teacher or of a school at
which the teacher works; or
(b) the
person is a parent, step-parent, guardian or foster parent of the child or the
de facto partner or domestic partner of a parent, step-parent, guardian or
foster parent of the child; or
(c) the
person provides religious, sporting, musical or other instruction to the
child; or
(d) the
person is a religious official or spiritual leader (however described and
including lay members and whether paid or unpaid) in a religious or spiritual
group attended by the child; or
(e) the
person is a health professional or social worker providing professional
services to the child; or
(f) the
person is responsible for the care of the child and the child has a cognitive
impairment; or
(g) the
person is employed or providing services in a correctional institution (within
the meaning of the Correctional Services Act 1982 ) or a training centre
(within the meaning of the Young Offenders Act 1993 ), or is a person
engaged in the administration of those Acts, acting in the course of the
person's duties in relation to the child; or
(ga) the
person is employed or providing services in a licensed children's residential
facility (within the meaning of the Children and Young People (Safety)
Act 2017 ), or a residential care facility or other facility established
under section 36 of the Family and Community Services Act 1972 , or is a
person engaged in the administration of those Acts, acting in the course of
the person's duties in relation to the child; or
(h) the
person is an employer of the child or other person who has the authority to
determine significant aspects of the child's terms and conditions of
employment or to terminate the child's employment (whether the child is being
paid in respect of that employment or is working in a voluntary capacity).