Unlawful Sodomy

It is an offence under section 208 of the Criminal Code for a person to sodomise a person under 18 years of age. It is also an offence to permit a male under the age of 18 to sodomise the person. Furthermore, the section makes it an offence to sodomise someone with an impairment of the mind of any age. It is also an offence to allow someone with an impairment of the mind to sodomise the person.

Sodomy is the legal term for anal or oral sex.

A person with an impairment of the mind is defined as a person with a disability that is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these. That disability must result in a substantial reduction of the person’s capacity for communication, social interaction or learning and the person must subsequently require support.

The maximum penalty is 14 years imprisonment. This maximum penalty increases to life imprisonment if the victim is under 12 years of age, or if the victim is the accused’s lineal descendant or is under the accused’s guardianship or care.

Robertson O’Gorman represents people charged with sexual offences. Call us today on 3034 0000.