Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 229B

229B Repeated sexual conduct with a child

(1) Any adult who maintains an unlawful sexual relationship with a child under the age of 16 years commits a crime.

Penalty—

Maximum penalty—life imprisonment.

(2) An unlawful sexual relationship is a relationship that involves more than 1 unlawful sexual act over any period.

(3) For an adult to be convicted of the offence of maintaining an unlawful sexual relationship with a child, all the members of the jury must be satisfied beyond reasonable doubt that the evidence establishes that an unlawful sexual relationship with the child involving unlawful sexual acts existed.

(4) However, in relation to the unlawful sexual acts involved in an unlawful sexual relationship—

(a) the prosecution is not required to allege the particulars of any unlawful sexual act that would be necessary if the act were charged as a separate offence; and

(b) the jury is not required to be satisfied of the particulars of any unlawful sexual act that it would have to be satisfied of if the act were charged as a separate offence; and

(c) all the members of the jury are not required to be satisfied about the same unlawful sexual acts.

(5) If the child was at least 12 years when the crime was alleged to have been committed, it is a defence to prove the adult believed on reasonable grounds the child was at least the age of 16 years.

(6) An adult can not be prosecuted for the crime without a Crown Law Officer’s consent.

(6A) The Penalties and Sentences Act 1992 , section 161Q states a circumstance of aggravation for the crime.

(7) An adult may be charged in 1 indictment with—

(a) the offence of maintaining an unlawful sexual relationship with a child (the
"maintaining offence" ); and

(b) 1 or more other offences of a sexual nature alleged to have been committed by the adult in relation to the child in the course of the alleged unlawful sexual relationship (the
"other offence or offences" ).

(8) The adult charged in 1 indictment as mentioned in subsection (7) may be convicted of and punished for any or all of the offences charged.

(9) However, if the adult is—

(a) charged in 1 indictment as mentioned in subsection (7) ; and

(b) sentenced to imprisonment for the maintaining offence and for the other offence or offences;

the court imposing imprisonment may not order that the sentence for the maintaining offence be served cumulatively with the sentence or sentences for the other offence or offences.

Example—

See the Penalties and Sentences Act 1992 , section 155 (Imprisonment to be served concurrently unless otherwise ordered).

(9A) The heading of this section—

(a) is not part of this section, despite the Acts Interpretation Act 1954 , section 14 ; and

(b) is not intended to affect the interpretation or operation of this section.

Example—

Parliament, in amending the heading of this section by the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 did not intend to change the nature or scope of this offence or the requirements for establishing an offence against this section.

(10) In this section—

"offence of a sexual nature" means an offence defined in section 210 (other than section 210 (1) (e) or (f) ), 215 , 222 , 349 , 350 or 352 .

"unlawful sexual act" means an act that constitutes, or would constitute (if it were sufficiently particularised), an offence of a sexual nature.

Example—

See sections 746 and 747 in relation to—

(a) the application of this section in relation to acts done before 3 July 1989; and

(b) the application of this section during the period 3 July 1989 to 30 April 2003.