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Permitting Sodomy By A Male Person Under 18

What the law says

Sections 208 (b) of the Criminal Code Queensland states:

Any person who-

permits a male person under 18 years to sodomise him or her commits a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

Section 208(b)

  1. That the complainant at the relevant time was a male person under 18 years of age;
  2. That the penis of the complainant actually penetrated the anal orifice of the defendant; and
  3. That the defendant knowingly and willingly allowed this to happen.

There is no need for ejaculation to occur, or for penetration to be of any particular depth or last any particular time.

It is a circumstance of aggravation-

  • (a) If the complainant was a child under 12 years; or
  • (b) Was, to the knowledge of the defendant,
  • (i) his lineal descendant; or
  • (ii) under his guardianship or care

 It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Permitting Sodomy by a Male Person Under 18 is 14 years imprisonment.  The maximum penalty where there are circumstances of aggravation is life imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused
  2. Accused believed on reasonable grounds the complainant was 18 years or older.
  3. Where the circumstance of aggravation is that the child was 12 years of age or more, the accused had reasonable grounds to believe the person in respect of whom he committed the offence was 18 years or more.
  4. Accused did not know he was related where lineal descent is a circumstance of aggravation.

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Permitting Sodomy by a Male Person Under 18 matters)

 

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