Criminal Law Act 1885 (SA)

ANNO QUADRGGESIMO OCTAVO ET QUA1)RAGESIM.O

XONO

No, 358.

An Act to amend " The Criminal Law Consolidation Act, 1876," and " The J ustices I'roccdure Amendment Act, 1883-4."

[Assenkd to, Decewzber ~ r t h, 1885.1

W HEREAS i t is expedient to provide better protection for Preamble. young persons-Be i t therefore Enacted by the Governor of

the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follows:

1, This Act may be citcd for a,ll purposes as The Criminal Law short title.

with or without hard labor.

Consolidation Amendment Act, 1885."

2, Any person who-

, I. Procures, or endeavors to procure, any female under twenty- Procuring a female to be a common

one years of	age to become a common prostitute: or,	prostitute or to enter
a brothel.

--I Procures, or endeavors to procure, any female under twenty- one years of age, not being a prostitute, to leave the province, or to leave her usual place of abode in the province, and to bccome the inmate of a hrothel, for the purposes of prostitution, either within or without the said province:

Shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years,

48" & 49' VICTORIJE, No. 358 -

l X e Criminal Law Consolidation Amendment A c t. 1 8 8 5.

Pmuring defilement

of female by threats	3. Any person who-
or fraud.

I. By threats or intimidation, procures, or endeavors to pro- cure, any female to have unlawful carnal connection with

any male: or,

X I. By false pretences, false representations, or other fraudulent means endeavors to procure any female, not being a common prostitute or of known immoral character, to have unlawful camal connection with any male: or,

r r r. Induces a female, not being a common prostitute or of

known immoral character, under the age of twenty-one years, with intent that she shall have unlawful carnal connection with any male, to enter a brothel, she not knowing the same to bc a brothel, nor being a party t o the intend:

Shall be guilty of s misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor.

Defilement of female

between thirteen and 4. Any person who-

sixteen years of age.

I. Unlawfully and carnally knows, or attempts to have unlawful

carnal knowledge of, any female being of or nbove the

agc of thirteen years, and under the age of sixteen years,

with or without her conscnt: or,

11. Who unlawfully and carnally knows, or attempts to have

unlawful ca.rna1 knowledge of, any female idiot or imbecile woman or girl under circulnstances which do not amount to rape, but which prove that thc offender kncw at the time of the commission of the offence that the woman or child was an idiot or imbecile:

Shall be guilty of a misdernertnor, and, being convicted thereof, shall be liable to be imprisorled for any term not exceeding two years,

Proviso,	with or without hard labor: Provided that it shall be a sufficient defence to any charge under subsection r. of this section, if it shall be made to appear to the Court, Special Magistrate, or Justices, before whom the charge shall be brought, that the person so charged had reasonable cause to believe that the female was of or above
Proviso.	the age of sixteen years: Provided, as to subsection I., when the accused at the time of the alleged offence is under the age of sixteen
years, consent of the female shall be a valid defence.

Prosecution must be 5, No prosecution shall be commenced for an offence under

within two months.

section 4 of this Act more than two months after the commission

of the offence.

permitting defilement

Householder, &C., 0. Any person who, being the owner or occupier of 'any premises,

offemaleunder	Or having, or acting, or assisting in the management or control
~eyenteenonhia
premime*	thereof, induces or knowingly suffers any female under the age of

seventeen

48' & 49' VICTORIA, No. 358.

The Crimin.al Law Consolidation Amendment A c t. 1885.

seventeen years, to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any male, whether such carnal knowledge is intended to be with any particular man or generally, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable to be imprisoned for any term not

exceeding two years, with or without hard labor. .

7. Any Demon who shall take awav or detain. or cause to be tnken Detention of un-

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d I

away or detained, any unmarried fimale, being under the age of ~	~	~	i	~	~	~	~	~	r
eighteen years, out of the possession of and against the will of the parents. father or mother, or of anv other nerson having the lawful care or charge of her, with intent +that shi shall have ;nlamful carnal con- nection with any male, whether such carnal connection shall be with ,
any particular male or generally, shall be guilty of a misdemeanor,
and, being convicted thereof; shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor; and it shall be lawful for the Justice of the Peace who commits such person for trial, or for the Judge who tries such person, to order that such unmarried female shall be returned to the custody of the parent or other person from whom shc was taken or obtained.

8, Any Justice of the Peace, if satisfied by information made Ju~ucemay gratlr

before him on oath by any parent, relative, or guardian of any warrant. such female, or any other persun having the lawful care or charge of her, or any superintendent, inspector, or sergeant of police, in the event of such female having no lawful guardian, that there is reason- able cause to suspect any offerice under either of the last two pre- ceding sections is being conlmitted in or upon any premises within the province, may grant a warrant under his hand authorising any superintendent, inspector, or sergeant of police at any time or times within the period named in the warrant, but not exceed- ing onc month from the committal of the offence, to enter with such assistance as may be necessary, and, if need be, by force, and make search for, and, when found, to take to and detain in a place	of safety, such female until she can be brought beforc a Justice of	the Peace, and the Justicc of the Peace before whom such female
is brought may cause her to be delivered up to her parents or
'7 cruardians, or otherwise dealt with as circumstances may permit or
require. The Justice of the Peace issuing such warrant may, by the same or any other warrant cause any person accused of' any offence under the said sections, to be apprehended and brought before n Justice, and proceedings taken for punishing such person according to law.

9. No child under the age of sixteen years shall be deemed Indecentassault.

capable of consenting to any indecent assault, and no person under the age of eighteen years shall be deemed capable of consenting to any indecent assault committed by the guardian, teacher, or schoolmaster of such person.

10. Any person who, being the owner or occupier of any pre- owners of promis8s suffering youths under

mises,

48' & 49' VICTORIE, No. 358

The Criminal Law Consolidation Amendment Act.- 1885.

seventeenyewsof age mises, or having, or acting, or assisting in the management, or

to resort to brothels

guilty of a miede.	control thereof, inrlnces, or knowingly suffers, any boy under the age
meanor.	of seventeen years to resort to, or be in or upon such premises for

the purpose of unlawfully ancl carnally knowing any female, whether such carnal knowledge is intended to be with any particular female or generally, shall be guilty of a misdemeanor, and, bcing convicted thereof, shall be liable to be imprisoned for any term not exceeding two years: with or without hard labor.

Defilement of female 11, Any person who, being the guardian, teacher, or schoolmaster

by guardian.	of any female under the age of eighteen years, udawfully and carnally knows, or attempts to have nnla&ul and carnal know ledge of such female, shall bc gnilty of' a misdemeanor, and, being convicted thereof, shall be liable to be irnprisoncd for airy term not exceeding three years, with or without hard labor.
Power on information

of rape to convict of 12, If' upon the trial of any information for rape the jmy shall be

indecent assult, satisfied that the accused is guilty of an indecent assault, but are not satisfied that the accused is guilty of the felony charged in such information, then, and in every such case. the jury may acquit the accused of such felony, and find him guilty of an indecent assault, and thereupon such defendant shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor.

Power to exclude cer- 13, w h e n any hearing or trial takes place in relation to any

tain persons, &C.	offence under this Act or The Criminal Law Consolidation Act, 1876," relating to rape or other offences against fcmales, or rinrratural offences, it shall be lawful for the Court or Justice of the Peace t~ direct that all persons not directly interested in the case shall be excluded from the place where such hearing or trial is being heard or conducted.
Corroborntive

evidence required in 14. No person shall be convicted of an offence under sections

2, 3, 1.0 of this Act upon the evidence of one witness only, unless

c-ur~ain caees.

the evidence of such witness be corroborated in some material

particular by evidence implicating the accused.

Threatening to accuse 15, Whosoever, with intent-

any person of offences with a to ext0* money. I - 1'0 cause any person to marry, or to promise to marry any

person:

1 I. To obtain any money or valuable consideration for the benefit

of any persons,

shall, directly or indirectly--

T. Threaten to accuse any person of any offence: or,

11. Offer to refrain horn accusing any person of any offence: or,

111. Kriowingly send, post, deliver, or cause to be received by any

person, any letter or paper threatening to accuse anv person

of any offence, or offering to refrain from acou;ng any

person of any offence; Shall

48" & 49O VICTORIJE, No. 358.

The Criminal Law Consolidation Amendment Act.-1885.

Shall be guilty of a misdemeanor, aud upon conviction shall be liable to be imprisoned, with or without hard labor, for any term not exceeding two years. Nothing contained in this section shall apply to any bonri j ide claim ma.de by or on behalf of any injured person

in any case in which compensation for such injury may be legally

recovered.

16, Section 5 of the " Justices Procedure Amendment Act," Witnesses9 expenses

No 298 of 1883-4, shall hereafter be read as if the words "On may be p"'d.

recognisr,ance," inserted after the words " such court," in the fifth line

of the said section, had not been inserted therein.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WILLIAM C. F, ROBINSON, Governor.

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Adelaide : By authority, E. SPIUER, Go~ernment Printer, North-terrace.

B-368.