Definitions for crime rules

Search the definitions of terms found in the laws on crime .

Assault

Causing physical or mental harm to another person without their consent, including striking, pushing, or threatening them.

Sexual assault

Inappropriate touching, forcing acts of gross indecency, or forcing someone to witness indecent acts without their consent.

Rape

Forcing someone to engage in sexual intercourse or other forms of penetration without their consent.

Stalking

Unwanted attention that causes fear, mental harm, or prevents someone from freely going about their daily life.

Child sexual offence

A child sexual offence is an offence of a sexual nature committed against a child and includes:

• indecent treatment of a child
• engaging in penile intercourse with a child under 16
• rape
• incest
• grooming a child (or their parent or carer)
• making child exploitation material
• repeated sexual conduct with a child.

Indecent treatment of a child covers a range of conduct of a sexual nature. Examples may include:

• fondling a child in a sexual manner
• having the child touch the genitals of another person
• taking a sexual photograph of a child.

Grooming a child (or their parent or carer) refers to the way some offenders form relationships and build trust with children, parents, carers, teachers and other children in order to get close to a child and create the opportunity for sexual abuse.

Child

Child means a person under 16 or a person under 18 with an impairment of the mind.

Impairment of the mind

Defined in the Criminal Code as a disability due to an intellectual, psychiatric, cognitive or neurological impairment (or a combination of these), which leaves the person with both:

• a substantial reduction in their capacity for communication, social interaction or learning
• a need for support.

Reasonable belief

A belief that a reasonable person would form in the same circumstances, such as when a child discloses abuse, shows signs of abuse, or an adult admits to committing a sexual offence against a child.

Responsible adult

A parent, step-parent, guardian or an adult with parental rights and responsibilities for the minor.

Responsible supervision

Factors include the minor's age, whether the adult or minor is unduly intoxicated, whether the minor is eating food while drinking, and how much alcohol is supplied and for how long.

Unduly intoxicated

When a person's speech, balance, coordination, or behaviour is noticeably affected by alcohol, drugs, or other intoxicating substances.

Position of authority

An adult who has influence, trust and power over a young person, such as a:

• teacher
• sports coach
• boss
• faith leader
• residential care worker
• health practitioner
• carer.

Other roles may also qualify as positions of authority depending on the circumstances.