(1)Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A(2), 376B or 376C.
Section history
Section 377D — Mistake as to age
As in force on 1 January 2013.
Timeline 5 versions
(2)In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —
(a)the age of 16 years, shall be a valid defence to a charge of an offence under section 376A(2); or
(b)the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.
(3)For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140(1)(i) of the Women’s Charter (Cap. 353).
[WC 1997 Ed., s. 140(4) and (5)]