Unlawful carnal knowledge, or sexual intercourse with a minor, is a serious criminal offence that risks an extended prison sentence. The Queensland age of consent is 16 years old, meaning any sexual acts committed with minors who have not yet celebrated their 16th birthday is a crime.
These acts include penetration to any extent, sexual touching, recording the child on any device, and exposing the child to sexually explicit materials, such as films, photos, and audio recordings. Different penalties apply based on the severity of the acts, the age of the victim, and the accused’s relation to the alleged victim.
If you’re searching for the defence lawyers Brisbane trusts to fearlessly represent them in court, call Beavon Lawyers on 1800 558 533, send an email to enquiries@beavonlawyers.com.au, or reach out through our contact form.
What is the Queensland Age of Consent?
The age of consent refers to the age where a person is deemed lawfully able to consent to sex. The age varies by states and territories, but the Queensland age of consent is 16 years old. This age applies to all genders and sexual acts, with minors below this age deemed unable to lawfully consent on such matters.
Section 215 states that any unlawful carnal knowledge committed with children under the age of 16 is a serious criminal offence that will incur major penalties such as imprisonment and placement on the sex offender registry. Even if no sexual penetration occurred, Section 210 covers any indecent treatment of a child, including exposing a child to pornography.
The Penalties of Unlawful Carnal Knowledge in Queensland
When someone is accused of committing sexual acts with a minor in Queensland, they face the risk of imprisonment. If the child is aged between 12 to 15 years old, the maximum prison sentence is 14 years. If the child is younger than 12 or suffers from a mental impairment, this sentence can be increased to life imprisonment. The offender’s relationship to the victim may also increase the penalty, such as if both parties are related.
If the accused is convicted, they are placed on the sex offender register alongside being imprisoned. This registry is used to confidentially monitor and manage registered sex offenders in the community, which may affect one’s future job prospects and living arrangements. Persons on this list must regularly check in with police and keep them informed of their current address and if they are planning on leaving the state.
Defence Against Breaking the Queensland Age of Consent
As stated in Sections 210 and 215, the accused can defend themselves if they can prove on reasonable grounds that they believed the child to be 16 years or older. This defence can only be used where the alleged victim is aged 12 or older. If the defendant is able to successfully prove this, it may result in having the case dismissed or their sentence reduced.
Even if a minor below the age of 16 consented to sex, the accused cannot rely on this as a defence as the law states anyone aged 15 and below cannot consent on such matters. If you have been accused of a crime involving breaching the Queensland age of consent, your best defence is to hire a lawyer who specialises in representing clients throughout these cases.
Beavon Lawyers Has Your Back
Being charged with a criminal offense is a highly stressful and challenging experience, especially when you are faced with the threat of significant jail time. This is in addition to any potential damage to your reputation and safety. That’s why Beavon Lawyers is here to stand by your side, providing expert legal representation and a solid support system.
We don’t back down and fight hard to clear your name and defend you to the furthest extent. No matter what you have been accused of, we work tirelessly to protect your rights. When you contact our team, we begin by assessing your situation before explaining the options available to you and the best path for moving forward.
Build a Rock-Solid Defence Today!
At Beavon Lawyers, we specialise in providing comprehensive legal representation for those facing criminal charges. Our child exploitation lawyers are uniquely qualified to represent those who have been charged with a sexual offence involving children and provide unwavering support and guidance free from judgement.
Whether you are seeking legal advice or someone to fight for you in court, access our contact form to organise a free confidential consultation or give us a call on 1800 558 533 or send an email to enquiries@beavonlawyers.com.au for more information.