Victorian Current Acts

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CRIMES ACT 1958 - SECT 49ZC

No defence of mistaken but honest and reasonable belief of certain matters

It is not a defence to a charge that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that—

        (a)     for an offence against section 49A(1)—B was 12 years of age or more; or

        (b)     for an offence against section 49D(1) or  49E(1)—the touching was not—

              (i)     sexual; or

              (ii)     contrary to community standards of acceptable conduct; or

        (c)     for an offence against section 49F(1) or  49G(1)—

              (i)     the activity was not sexual; or

              (ii)     engaging in the activity in the presence of B was not contrary to community standards of acceptable conduct; or

        (d)     for an offence against section 49H(1) or  49I(1)—

              (i)     the activity was not sexual; or

              (ii)     A's causing or allowing C to be present when B engages in the activity was not contrary to community standards of acceptable conduct; or

        (e)     for an offence against section 49K(1) or  49L(1)—the activity was not sexual; or

        (f)     for an offence against section 49Q(1)—the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person in respect of the performance; or

        (g)     for an offence against section 49R(1)—the invitation or offer did not involve payment, reward or other benefit to any person in respect of the performance; or

        (h)     for an offence against section 49S(1)—B's engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence.

Note

References to A, B and C in this section are references to the same A, B and C referred to in sections 49A, 49D, 49E, 49F, 49G, 49H, 49I, 49K, 49L, 49Q, 49R and 49S.

Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 52, 53) inserted by No. 9509 s. 5, amended [2] , substituted as Pt 1 Div. 1 Subdiv. (8C) (Heading and ss 50A50K) by No. 47/2016 s. 16.

(8C) Incest

S. 50A inserted by No. 47/2016 s. 16.



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