SETTING THE BOUNDARIES OF CHILD SEXUAL ASSAULT: CONSENT AND MISTAKE AS TO AGE DEFENCES

Many changes have been made to the substantive criminal law relating to child sexual assault in recent decades in response to the recognition of the problems and risks associated with child sexual abuse. Considerable differences between jurisdictions have emerged in offence structures and in relation to the defences of consent and mistake as to age. This article argues that attempts to better protect children and young people from sexual abuse and exploitation have resulted in the over-criminalisation of sexual behaviour between young people and the creation of absolute liability offences that have the potential for grave injustice. A model for the defences of consent and mistake as to age is suggested which sets appropriate boundaries for the criminal law without diminishing the law's protection of children from sexual abuse by adults.