Assaults on Female Children Act 1847 No 30a (NSW)

No. XXX.

An Act for the better punishment of Indecent

Assaults upon Female Children. [2nd

October,	1847.]
female children Be it enacted by His Excellency the Governor of	WH E R E A S it is expedient to provide for the more effectual punishment of offenders in cases of indecent assaults on
New South Wales with the advice and consent of the Legislative
Council thereof That every person who after the passing of this Act
shall be convicted of any assault with intent to commit the crime of rape or any assault with intent unlawfully and carnally to know and abuse any girl under the age of ten years shall be liable to transporta­ tion for such term (not being more than fifteen years nor less than seven years) as the Court shall think fit or to such period of hard
labor as is or shall be by law provided in lieu of transportation for
that term.

2. And be it enacted That where any person shall be tried on

any information or indictment charging him with the commission of the crime of rape or with having unlawfully and carnally known and abased any girl under the age of ten years it shall be lawful for the jury to acquit him of the crime or offence so charged and to find a verdict against him (if the evidence shall warrant such finding) of guilty of assault with intent to commit the same and such person shall upon such finding be deemed and taken to be convicted within the meaning of the preceding section and such verdict may be found in respect of any such girl under the age of ten years notwithstanding that she may or shall have consented to the act or acts proved against the prisoner.

3. And be it enacted That every person who after the passing
of this Act shall be convicted of the offence of unlawfully and carnally

knowing and abusing any girl above the age of ten years and under the age of twelve years shall be liable to transportation for such term

(not being more than ten years nor less than five years) as the Court

shall think fit or to such period of hard labor as is or shall be by law provided in lieu of transportation for that term and on any information

or indictment for such offence it shall be lawful for the jury to acquit

the prisoner of the same and to find a verdict against him (if the evidence shall warrant such finding) of guilty of an attempt to com­

is or shall be by law provided in lieu of transportation for that term.

mit the same offence and the Court may upon such finding sentence

him to hard labor with or without imprisonment for any term not

exceeding three years.

4. And be it enacted That i f any person shall unlawfully and indecently assault any female child under the age of twelve years whether such assault bo with or without the consent of such child every such offender shall be guilty of a misdemeanor and being con­
victed thereof shall be kept to hard labor upon the roads or other

public works in the said Colony for any term not exceeding three years Provided always that i f such offender be a transported felon the Court may direct that the said labor shall be performed by the said offender in irons.

5. And be it enacted That i f any person who shall have been

convicted of the misdemeanor hereinbefore mentioned shall afterwards

commit any such misdemeanor such person shall be deemed guilty of

felony and being convicted thereof shall be transported for any term
not more than ten years or sentenced to such period of hard labor as

6. And be it enacted That in any indictment or information

for the felony hereinbefore mentioned it shall be sufficient to state
that the offender was at a certain time and place convicted of an indecent assault upon a female child without otherwise describing such previous conviction and a certificate containing the substance and
effect only (omitting the formal part) of the indictment or information
and of the conviction for such indecent assault purporting to be signed
by the Clerk or other officer having the custody of the Records of the
Court where the offender was so convicted shall upon proof of the identity of the person of the offender be sufficient evidence of such
conviction without proof of the signature or of the official character
of the person appearing to have signed the same Provided always
that it shall not be lawful on the trial of any person for any such
felony to charge the jury to inquire concerning such previous con­ viction until after they have inquired concerning such felony and shall
have found such person guilty of the same and whenever in such indictment or information such previous conviction shall be stated the reading of such statement to the jury as part of the indictment
or information shall be deferred until after such finding as aforesaid
Provided nevertheless that if upon the trial for such felony as afore­ said such person shall offer evidence of his good character it shall
be lawful for the prosecutor in answer thereto to give evidence of
such previous conviction before such verdict of guilty shall have been returned and the jury shall then inquire concerning such previous

conviction at the same time that they inquire concerning such felony.