W e did not complete the presentation of the relevant sections of the Sexual Offences Act 2010 after the previous instalment was published on July 25. We continue with Section 16 under the heading ‘Close in age defence; complainant age 14 to 16.’
16. (1) A person (‘’the accused’’) commits the offence of sexual activity with a child family member (“the complainant”) if –
(a) the accused-
(i) engages in sexual activities with the complainant;
(ii) causes the complainant to engage in sexual activity with a third party; or
(iii) causes the complainant to perform sexual acts including causing the complainant to masturbate
(b) the relation of the accused to the complainant is a family relation within section 17 and the accused knew or could reasonably have been expected to know that the relation of the accused to the complainant was a family relation within that section; and
(c) the complainant is under eighteen years of age.
(2) Where in proceeding for an offence under this section it is proved that the relation of the accused to the complainant was a family relation within section 17, it is to be taken that the accused knew or could reasonably have been expected to know that the relation of the accused to the complainant was a family relation unless prima facie evidence is adduced to raise an issue as to whether the accused knew or could reasonably have been expected to know that it was.
(3) a person who commits an offence under this section is liable-
(a) where the sexual activity included sexual penetration, on conviction on indictment to imprisonment for life;
(b) in any other case –
(i) on summary conviction, to a fine of one million dollars and to imprisonment for 5 years;
(ii) on conviction on indictment, to imprisonment for fourteen years.
(4) A person (‘’the accused’’) does not commit an offence under this section if –
(a) at the time the complainant is eighteen years of age or over and the accused and the complainant are lawfully married; or
(b) the relationship of the accused to the complainant is not a family relationship within section 17 and immediately before the relationship first became a relationship within section 17, a sexual relationship existed between them.
(5) Subsection (4) (b) does not apply if at the time referred to in that subsection a sexual relationship between the accused and the complainant would have been unlawful.
(6) In proceedings for an offence under this section it is for the accused to prove the matters mentioned in subsection (4) (a) and (b).
17 . (1) For the purposes of section 16, the relation of one person (“the accused’’) to another
(“the complainant”) is a family relation where –
(a) one of them is the other’s parent, grandparent, brother, sister, half- brother, half- sister, aunt or uncle, or the accused is or has been the complainant’s foster parent.
(b) the accused and the complainant live or have lived in the same household, or the
accused is or has been regularly involved in caring for, training, supervising or being in sole charge of the complainant, and –
(i) one of them is or has been the other’s step-parent (whether through legal marriage or cohabitation);
(ii) the accused and the complainant are cousins;
(iii) one of them is or has been the other’s stepbrother or stepsister, or
(iv) the parent or present or former foster parent of one of them is or has been the other’s foster parent;
(c) the accused and the complainant live in the same household, and the accused is regularly involved in caring for, training, supervising or being in sole charge of the complainant.
(2) For the purposes of this section-
(a) “aunt” means the sister or half-sister of a person’s parent, and “uncle” has a corresponding meaning;
(b) “cousin” means the child of an aunt or uncle;
(c) a person is a child’s foster parent if so deemed under any law, deed, agreement, arrangement or court order;
(d) “stepbrother’’ and “stepsister” include the child of any step-parent.
