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   Defence based on valid and genuine marriage   Offences involving engaging in sexual intercourse or other sexual activity with child or young person

(1)  
It is a defence to a prosecution for an offence against subsection 272.8(1) , 272.9(1) , 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 child or 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 offence was committed; or

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


(b) when it was solemnised, the marriage was genuine.

Note:

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

Offences involving procuring or " grooming " child for sexual activity

(2)  
It is a defence to a prosecution for an offence against subsection 272.14(1) or 272.15(1) if the defendant proves that:


(a) at the time he or she committed the offence, there existed between the defendant and the child 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 offence was committed; or

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


(b) when it was solemnised, the marriage was genuine.

Note:

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




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