What is unlawful Carnal Knowledge in Queensland?

Introduction

Unlawful Carnal Knowledge, commonly referred to as sexual intercourse with a minor, is a serious criminal offence in Queensland.

Definition of Unlawful Carnal Knowledge in Queensland

Unlawful Carnal Knowledge in Queensland refers to engaging in sexual intercourse with a person under the age of consent. The age of consent in Queensland is generally 16 years old, which means that engaging in sexual activity with anyone below this age is considered illegal. Consent cannot be given by individuals who are underage, as they are deemed incapable of making informed decisions about such matters.

Penalties for Unlawful Carnal Knowledge in Queensland

The penalties for committing the offense of Unlawful Carnal Knowledge can be serious. The severity of the penalties depends on various factors, including the age difference between the parties involved and the circumstances surrounding the incident.

Aggravating features of the offence include if the child is under 12 years, if the child is a lineal descendant of the defendant, the defendant is the child’s guardian or has them under care, the child has an impairment of the mind.

If an adult is found guilty of engaging in sexual intercourse with a minor under the age of 16, a person may face the following penalties:

1.     A term of imprisonment which requires time to be served in custody, or with immediate release on parole or a suspended term of imprisonment. This depends on each case.

2.     If convicted, a person is registered on the sex offender register known as the 'Queensland Child Protection Offender Register' (QCPOR). It is a confidential database maintained by the Queensland Police Service and intended to help law enforcement agencies monitor and manage registered sex offenders in the community. This is not a public register.

3.     A conviction is likely to be recorded.

Cases of Unlawful Carnal Knowledge in Queensland commence in the Magistrates Court and transferred to the District Court for sentence (guilty) or trial (not guilty).

Negotiations may also be appropriate depending on the evidence and so it is important to speak to an experienced lawyer as to your options.

All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.