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Age of Consent in Queensland
In the State of Queensland the legal age of consent for all sexual acts is 16 years. Any person who has not yet celebrated their 16th birthday is, according to the law, unable to give consent to engage in sexual activity. It is therefore illegal for any person to engage in any sexual act of any kind with a child under the age of 16.
Section 215 of the Criminal Code provides that it is an offence to have carnal knowledge of a child under the age of 16 years. The legal definition of ‘carnal knowledge’ is penetration to any extent, including anal intercourse. Where the victim is aged 12, 13, 14 or 15, the offender will be liable to a 14-year prison sentence. If the child suffers from a mental impairment or is aged under 12, a maximum sentence of life imprisonment can be imposed.
Section 210 covers the indecent treatment of children under the age of 16. This legislation is significantly broader than offences described in section 215, as it prosecutes any inappropriate treatment of or dealings with a child under the age of 16 of any sexual nature. This includes but is not limited to any sexual touching, recording on a device or exposing a child to sexually explicit materials, including films, audio or photos. If the child is aged 12 to 15 years old, the maximum imposable prison sentence is 14 years. If the child is younger than 12 or suffers from a mental impairment, the sentence increases to 20 years.
Pursuant to subsection (5) in both section 210 and 215, it can be considered a defence if the accused is able to prove that on reasonable grounds, they believed the child to be 16 years old or above. This defence is only applicable where the alleged victim is aged 12 or older.
Smith Criminal Law recognises that allegations of offences committed against children who are unable to give their consent are especially delicate matters. Our team can deploy requisite sensitivity to ensure our clients feel supported in navigating extremely severe allegations. Contact us today.