§ 377CA — Meaning of exploitative relationship

377CA.—(1) For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination:(a)

the age of the minor;

(b)

the difference between the age of the accused person and the minor;

(c)

the nature of the relationship;

(d)

the degree of control or influence exercised by the accused person over the minor.[15/2019]

(2) For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following:(a)

the accused person is the parent, step‑parent, guardian or foster parent of the minor;

(b)

the accused person is the de facto partner of the parent, guardian or foster parent of the minor;

(c)

the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student;

(d)

the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor;

(e)

the accused person is a custodial officer of an institution in which the minor is detained;

(f)

the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person;

(g)

the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person.[15/2019]

(3) The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2).[15/2019]

—(1) For the purposes of sections 375, 376, 376A, 376AA, 376EA, 376EC, 376EE, 377BL and 377D, whether an accused person’s relationship with a person below 18 years of age (called in this section a minor) is exploitative of the minor is to be determined by the court in the circumstances of each case and the court must have regard to the following in making such determination:(a)

the age of the minor;

(b)

the difference between the age of the accused person and the minor;

(c)

the nature of the relationship;

(d)

the degree of control or influence exercised by the accused person over the minor.[15/2019]

(2) For the purposes of subsection (1) and subject to subsection (3), it is presumed until the contrary is proved that an accused person’s relationship with a minor is exploitative where the relationship is any of the following:(a)

the accused person is the parent, step‑parent, guardian or foster parent of the minor;

(b)

the accused person is the de facto partner of the parent, guardian or foster parent of the minor;

(c)

the accused person is a member of the teaching or management staff of the school or educational institution at which the minor is a student;

(d)

the accused person has an established personal relationship with the minor in connection with the provision of religious, sporting, musical or other instruction to the minor;

(e)

the accused person is a custodial officer of an institution in which the minor is detained;

(f)

the accused person is a registered medical practitioner, a registered traditional Chinese medicine practitioner or a psychologist and the minor is a patient of the accused person;

(g)

the accused person is an advocate and solicitor or a counsellor and the minor is a client of the accused person.[15/2019]

(3) The presumption in subsection (2) does not apply to a person who is lawfully married to a minor even though the relationship may fall within any of the relationships mentioned in subsection (2).[15/2019]