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