NSW Knowledge of Under-age Sex - Thoughts?

Discussion in 'Criminal Law Forum' started by sammy01, 18 April 2019.

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  1. sammy01

    sammy01 Well-Known Member

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    As a parent / step-parent.... Is it unlawful to knowingly allow minors both (aged 15) to have sex?

    So, for example - having found used condoms in step-child's bedroom - continuing to allow the children to have 'sleepovers' in the same room after the children admit to having sex.

    Any thoughts? As a step parent, I'm not happy with this situation but my partner is prepared to continue to allow it. I don't agree, but that is just my moral standpoint... But if it is illegal, that is a whole different story. Any thoughts?
     
  2. Adam1user

    Adam1user Well-Known Member

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    I agree with you and not just on the basis of morality. I think it will be illegal but I think it will be addressed in children court (not statutory r**e - I am not a lawyer, so I may be wrong). The key point I will raise is both are under aged and their minds are not mature to understand the importance of this and the consequence that may result when things go wrong, for example if the girl becomes pregnant, who would take care of the baby? it will be in the system, as they say. Bringing a child into this world is a great responsibility especially these days, life is becoming very expensive.

    I strongly suggest to address this issue and be firm in this, if you want to lose your partner, then this is a secondary benefit (sorry for this but it seems your partner does not think straight).

    Note: I am not a parent, but I do pay taxes!
     
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  3. Atticus

    Atticus Well-Known Member

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    It is in SA.... This is a quote from legal aid... Link to source at bottom ..

    A person who has sexual intercourse with a person under 17 years old - Maximum penalty: 10 years imprisonment [Criminal Law Consolidation Act 1935 (SA) s 49(3)] (However there is a defence to this if the alleged victim is above 16 years old and the accused person either was under 17 years old themselves or reasonably believed that the alleged victim was over 17 years old [s 49(4)];....

    Willingness of the alleged victim to engage in sexual intercourse is not a defence to any of these offences [s 49(8)]. Parental permission is also not a defence.

    https://lawhandbook.sa.gov.au/print/ch12s06.php#Ch2078Se299174

    The implication from this is that a parent who knowingly allows this would at a minimum, complicit in the offense should it come to the attention of police, or perhaps the other parent

     
  4. Scruff

    Scruff Well-Known Member

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    First, the law:

    In NSW it is an offence for anyone to have sexual intercourse with a child under 16 years of age - consent is irrelevant. Therefore the kids themselves are both committing an offence.
    Ref: Section 66C "Sexual intercourse - child between 10 and 16" NSW Crimes Act (Maximum penalty: with both parties being 15 years old, 10 years imprisonment.)

    By explicitly allowing this conduct, your partner would likely be an accessory, but as you oppse it, it is unlikely that you would be.
    Ref: Part 9 "Abettors and accessories" NSW Crimes Act (Maximum penalty: same as the maximum applicable to the principle offender, which in this case is 10 years.)

    The only real problem I see for you, would be with concealing a serious indictable offence, which is any indictable offence with a maximum penalty of 5 years or more of imprisonment, or life imprisonment.
    Ref: Section 4 "Definitions" NSW Crimes Act (contains definition for "serious indictable offence")
    Ref: Section 316 "Concealing serious indictable offence" NSW Crimes Act (Maximum penalty: in these circumstances, 2 years imprisonment.)

    Second, the reality:

    Kids who engage in a consensual sexual relationship are hardly ever charged with any offence - in fact, I've never heard of it happening. This of course all changes if one of them makes a complaint at some point claiming that something happened without consent - in which case all of the above offences could come into play plus a lot more. Given that they have openly admitted to the sexual relationship, this is highly unlikey to ever happen.

    So in short, I wouldn't worry too much about it. One thing that is certain though, is that if you try to stop it, they will simply do it elsewhere. In my opinion, you should probably leave things alone - especially if they are taking precautions. Most kids that age think they are invincible and don't take take any precautions at all. The fact that they are smart enough to do that, is at least something to be thankful for and should give you a little peace of mind. In a year's time, you won't have any say in the matter anyway.

    To sum it all up - all parties here are technically breaking the law, but reality tells us that nothing will ever come of it.
     
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    #4 Scruff, 20 April 2019
    Last edited: 20 April 2019
  5. Hanna jaye

    Hanna jaye Well-Known Member

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    My beliefs are, they’l do it anyway so why not apply harm minimisations? Ensure they are safe ie she’s on contraception & they are tested/educated given rules. Such as we know your doing it, these are the rules if you have no condoms you tell us so we can supply them. You both go to a sexual health clinic to be tested and always use condoms etc etc no nudes with the list going on. You could encourage a contract to sign, similar to the ones for internet safety but instead surrounding rules of sexual safety. The more you say no the more they will do it. Dolincapax laws is god to look up. Generally no charges can be actioned for a 2year aged gap, so they are within that. However knowledge of same is a different kettle of fish, i would call law access nsw for information on that if no answers here.

    If it were me I wouldn’t allow it, as kids need to be kids it’s up to adults to regulate that. It’s a high possibility to fall under child abuse laws for both adults aware of the acts? As your facilitating it by allowing the sleep overs. Call FACS for further advice/support if required, definitely a tricky situation especially if you have a partner who is the biological parent & your the step parent saying no way! If thats the case i’d call Facs tell them whats going on that way if nothing wrong a okay. But if they deem it so and your partner didn’t support the idea then at least you have covered yourself legally. Advice your partner you’re going to or have called due to __ or don’t your personal choice.

    Childs safety is everyone’s business, adolescences included. If they aren’t at school they aren’t considered dependants, also they from the age of 14 have a separate medicare card, can see a Doctor without a parent....... Big Grey area
     
  6. Hanna jaye

    Hanna jaye Well-Known Member

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  7. Hanna jaye

    Hanna jaye Well-Known Member

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