Many people still call this charge carnal knowledge. The law now calls it engaging in penile intercourse with a child under 16. Talk to Joseph Rahim in confidence before you speak to police.
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The offence is in section 215 of the Criminal Code Act 1899 (Qld). Its heading was changed from “carnal knowledge with or of children under 16” to “engaging in penile intercourse with child under 16”.
The prosecution must prove the act happened, and that the child was under 16 at the time. Attempting the act is also an offence under the section.
Because the law protects children under 16, it does not matter whether the child agreed.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
Not by text, social media or through someone else. If they contact you, do not reply. Contact can breach bail and lead to arrest.
You must give your name and address when asked. Get advice before you say anything else, including in a phone call from police asking you to come in.
Being charged with a disqualifying or serious offence suspends a blue card straight away. You must stop child-related work.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes. The offence is still in section 215 of the Criminal Code. Its heading now reads “engaging in penile intercourse with child under 16”.
No. Consent is not a defence to this charge.
If the child was 12 or older, it is a defence to prove you believed on reasonable grounds that they were at least 16. Talk to Joseph about whether it applies.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
