Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 272 - Child sex offences outside Australia  

Subdivision B - Sexual offences against children outside Australia  

SECTION 272.17   272.17   Defence based on valid and genuine marriage  
It is a defence to a prosecution for an offence against subsection 272.12(1) or 272.13(1) if the defendant proves that:


(a) at the time of the sexual intercourse or sexual activity, there existed between the defendant and the young person a marriage that was valid, or recognised as valid, under the law of:


(i) the place where the marriage was solemnised; or

(ii) the place where the sexual intercourse or sexual activity is alleged to have taken place; or

(iii) the place of the defendant ' s residence or domicile; and


(b) when the marriage was solemnised:


(i) the marriage was genuine; and

(ii) the young person had attained the age of 16 years.
Note 1:

A defendant bears a legal burden in relation to the matter in this section: see section 13.4 .

Note 2:

Subsection 272.12(1) deals with engaging in sexual intercourse with a young person outside Australia. Subsection 272.13(1) deals with engaging in sexual activity (other than sexual intercourse) with a young person outside Australia. Both offences apply to defendants in a position of trust or authority in relation to the young person concerned.


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