The Laws of Fiji
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Last Updated: 21 March 2018
AN ACT TO REPEAL THE PENAL CODE AND MAKE COMPREHENSIVE PROVISION IN RELATION TO THE ELEMENTS OF CRIMINAL RESPONSIBILITY AND TO PRESCRIBE A RANGE OF CRIMINAL OFFENCES, AND FOR RELATED PURPOSES
[CR 212] Indecent assault212
212
Penalty — Imprisonment for 5 years.
(2) It is no defence to a charge for an indecent assault on a boy or girl under the age of 16 years to prove that he or she consented to the act of indecency.
(3) It shall be a sufficient defence to a charge for an indecent assault on a boy or girl under the age of 16 years to prove that—
- (a)the boy or girl consented to the act of indecency and that the person so charged had reasonable cause to believe, and did in fact believe, that the boy or girl was of or above the age of 16 years; or
- (b)that the offender was of a similar age to the boy or girl and that consent to the act of indecency was given in the context of a continuing friendship between the offender and the boy or girl.
(4) No person who is on a relationship of control or trust over the boy or girl may rely on a defence provided for in subsection (3).