Sex Offences
Rape / Unlawful Sexual Intercourse
Rape / Unlawful Sexual Intercourse
If a person has sexual intercourse with a person without that party’s consent, they may be charged with rape. This is a serious charge for which the maximum penalty is life imprisonment.
Unlawful Sexual Intercourse refers to sexual intercourse in several scenarios, these are where:
- It is with a person under the age of 17 (in South Australia). This will be increased to an aggravated charge if the person is under the age of 14
- It is in a situation where one party is in a position of power (i.e. teacher, doctor, foster family) and the other is under the age of 18
- It is knowingly with a person who has an intellectual disability, which leaves them unable to understand the consequences or nature of the act
The maximum penalty for an offence with a person under the age of 14 is life imprisonment.
For an offence with anyone over the age of 14, it is 10 years imprisonment