_(c) Girls Not Liable for "Indecent Assault" on Boys_
It should also be made an offence punishable in the Children's Court for any girl to indecently assault a male.
Under section 208 of the Crimes Act every person, male or female (including a boy under 14 years of age), may be convicted and sentenced to seven years imprisonment for an indecent assault on a female. Under section 154 a male may be sentenced to ten years imprisonment for an indecent assault on a male (consent is not a a defence); but a female cannot be convicted of "indecent assault" on a male if he permitted the act.
This anomaly may have arisen because, in ancient times and, later, when the criminal law was set out in statutory form, it was not considered likely that females would descend to conduct which would entice males into the commission of one of these offences.
Having regard to the evidence before the Committee that many boys have been tempted and encouraged into sexual crime by the indecent conduct of girls themselves, in picture theatres and elsewhere, the time has arrived when boys should be protected by letting the girls know that they too commit an offence when they act towards boys in an indecent manner.
(_a_) It should be made an offence punishable in the Children's Court for a girl whose age is under 16 years to permit a person to have carnal knowledge of her or to handle her indecently.
(_b_) It should also be made an offence punishable in the Children's Court for any girl to indecently assault a male.
(_c_) Consideration should also be given to the desirability of amending sections 208 and 216 of the Crimes Act and section 203 of the Justices of the Peace Act. There are three courses which might be followed:
First, to allow the law to remain as it is.
Secondly, to strike out the proviso which permits this defence of consent to be raised in cases where the accused is under 21 years and older than the girl.
Thirdly, to alter the wording of the provision regarding age of consent from--
" ... it is made to appear ... that the accused was under 21 and had reasonable cause to believe that the girl was of or over the age of 16."
" ... if the accused (being a person under the age of 21 years) took all reasonable steps to ascertain that the girl was of or over the age of 16 years and did as a result thereof believe that she was of or over the age of 16 years."