What is the offence of Engaging in Penile Intercourse with a Child under 16?
Engaging in penile intercourse with a child under 16 is one of the most serious sexual offences under Queensland law. It replaced the former offence of unlawful carnal knowledge in August 2023 following major law reforms. Under section 215 of the Criminal Code 1899 (Qld), it is a crime to engage in or attempt to engage in penile intercourse with a person under the age of 16. The law makes it clear that a child under this age cannot legally consent to sexual activity.
If you are being investigated or charged, do not speak to police until you have received legal advice. Early advice can affect the outcome of your case.
What does ‘engaging in penile intercourse with a child’ mean?
Section 215 defines the offence as when a person engages or attempts to engage in penile intercourse with a child under 16.
The term “penile intercourse” is defined in section 6 of the Criminal Code as the penetration, to any extent, of the vagina, vulva or anus by a penis.
This means that:
Even the slightest penetration is enough;
The offence is complete once penetration occurs; and
It does not matter whether ejaculation occurred or whether the act was brief.
Consent by a person under 16 is irrelevant as the law considers them incapable of giving valid consent.
What are the penalties for engaging in penile intercourse with a child?
The penalties depend on the child’s age and the circumstances of the offence:
If the child is 12 or older – up to 14 years imprisonment
If the child is under 12 – up to life imprisonment
If the offender is the child’s guardian or has the child under their care – up to life imprisonment
If the child has an impairment of the mind – up to life imprisonment
Attempting to engage in penile intercourse carries a maximum penalty of 14 years imprisonment.
These are indictable offences, meaning they are dealt with in the District Court of Queensland.
Circumstances of aggravation
Certain factors make the offence more serious. A person faces higher penalties if:
The child is under 12 years old;
The child is under the offender’s care or guardianship;
The child has an impairment of the mind; or
A serious organised crime circumstance of aggravation applies under section 161Q of the Penalties and Sentences Act 1992 (Qld).
What must the prosecution prove?
To convict someone under section 215, the prosecution must prove beyond reasonable doubt that:
The accused engaged or attempted to engage in penile intercourse with the complainant;
The act was unlawful (not authorised, justified or excused by law); and
The complainant was under 16 years old at the time.
If an aggravating circumstance is alleged (for example, the complainant was under care, or had an impairment of the mind), those additional elements must also be proved.
What defences are available?
Defences are limited but may include:
Reasonable mistake of age – available only if the complainant was aged 12 or older, and the accused honestly and reasonably believed they were at least 16.
Mistaken belief about impairment – where the accused reasonably believed the child was not a person with an impairment of the mind.
Identity not proved – if there is doubt about who engaged in the act.
Factual dispute or insufficient evidence – challenging inconsistencies or credibility in the prosecution case.
The onus of proving a reasonable mistake defence lies on the accused, on the balance of probabilities.
How the law changed in 2023
Before August 2023, this offence was known as unlawful carnal knowledge. The Domestic and Family Violence Protection (Combating Coercive Control and Other Legislation Amendment) Act 2023 replaced the old wording to more precisely reflect sexual offences involving penetration.
The new offence applies to charges after 1 August 2023. The old version still applies if the charge was laid before that date (see section 756 of the Criminal Code).
What happens if I am charged with a sex offence in Qld?
If you are charged with engaging in penile intercourse with a child:
Your matter will start in the Magistrates Court and then move to the District Court.
The first appearance will deal with bail, disclosure of evidence, and future court dates.
You should not contact the complainant or witnesses, and not give a police interview without a lawyer.
Because these cases rely heavily on digital evidence, text messages, and witness credibility, getting legal representation early is essential.
What should I do if I have been charged with a sex offence in Qld?
If you are being investigated or have been charged with a sexual offence in Qld:
Do not speak to police without a lawyer present;
Do not attempt to explain or justify the situation to investigators;
Save any evidence that may help your case, such as messages, photos, or social media records;
Contact a criminal defence lawyer immediately for advice on your rights and next steps.
Early advice is critical.
Frequently asked questions
Will I go to jail for penile intercourse with a child in Qld?
Yes. There is a high risk of actual imprisonment if convicted of the offence. The sentencing range can start from months to years depending on the seriousness of the allegations.
What if the other person said they were 16?
You may raise a defence of honest and reasonable mistake of age if the child was at least 12, and you can prove you genuinely and reasonably believed they were 16 or older.
Will I be placed on the sex offender register?
If convicted, you will be registered under the Queensland Child Protection Offender Register (QCPOR).
What court will hear my case?
All cases start in the Magistrates Court, but will then be ‘committed’ (that is, transferred) to the District Court of Queensland for trial or sentence.
Can the charge be reduced or dropped?
Maybe. If the evidence is weak or inconsistent, or through negotiation with the prosecution, the charge may be withdrawn or downgraded to a lesser sexual offence.
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The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025