Section 80AG — Crimes Act 1900 (NSW)

(1) It is a defence to a prosecution for an offence under section 66C (3), 66DB, 66DD, 73 or 73A if the complainant is of or above the age of 14 years and the age difference between the complainant and the accused person is no more than 2 years.
(2) In any criminal proceedings in which the application of this section is raised, the prosecution has the onus of proving, beyond reasonable doubt, that the complainant was less than 14 years of age or that the difference in age between the complainant and the accused person is more than 2 years.

Related sections

• s 80AD — Common law offences of rape and attempted rape abolished
• s 80AE — Consent no defence in certain cases
• s 80AF — Uncertainty about time when sexual offence against child occurred
• s 80AH — Special verdict of “sexual offence or misconduct with regard to corpse”
• s 80B — Meaning of “sexual servitude”
• s 80C — Meaning of “circumstances of aggravation”

Research how courts apply s 80AG

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.