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DEFENCE OF SIMILAR AGE
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DEFENCE OF SIMILAR AGE

If you have been charged with any of the following offences, you may be able to raise the criminal defence of “similar age” under section 80AG of the (NSW). The offences which trigger the availability of this offence include:

  1. Section 66C(3) – Sexual intercourse with a child between the ages of 14 and 16

  2. Section 66DB – Sexually Touching a Child

  3. Section 66DD – Carrying gout a sexual act with or towards a child

  4. Section 73 – Sexual intercourse with a young person under special care

  5. Section 73A – Sexual touching of young person under special care

Section 80AG of the outlines when the defence of similar age is available:

 

  1. It is a defence to a prosecution for an offence under sections 66C (3), 66DB, 66DD, 73 or 73A if the alleged victim is of or above the age of 14 years and the age difference between the alleged victim and the accused person is no more than 2 years.

  1. In any criminal proceedings in which the application of this section is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the alleged victim was less than 14 years of age or that the difference in age between the alleged victim and the accused person is more than 2 years.

 

The accused person only needs to raise the defence of similar age as an issue in their case. It is then for the prosecution to prove, beyond reasonable doubt, that that defence does not apply.

If you have been, or know of someone who has been, charged with any of the above offences, it is important for you to obtain professional legal advice about whether you have the defence of similar age available to you. Shoud you wish to discuss your options, please contact KF Lawyers to arrange for a free initial consultation.

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