QLD Blackmail - What Happens If Police Are Involved?

[Jturner]

Hi there,
I have a friend who was in his early 30's, male in Queensland and had a sexual relationship with a guy who was 16 male at the time, he is currently now 19 years old.

This 19 year old is calling him up all the time and asking for money and if he don't give them the money they will go to the police. The 19 year old is also demanding my friend (who is now 33 years old) to give him $15000 by mid April, otherwise he will go to the police.

My friend seems to thinks he has already given him around $20000 to $30000 already as this has been going on for nearly 3 years. My friend is so stressed out at the moment because of this 19 year old demanding money each week and its leaving him with no money to live on each week.

My question is: if this 19 year old goes to the police, will there be any problems for the 33 year old? Or is the 19 year old the one who is going to be in more trouble for blackmail and extortion under criminal law?


Thanks for your help

 

[Tracy B]

Hi jturner,

You're essentially asking two questions here:

In your friend sleeping with a 16 year old, was he committing an offence? In QLD, the age of consent to s*xual relations is 18 for sodomy and 16 for any other s*xual relations: Criminal Code 1899 (Qld) section 208 and section 215. Hence, will your friend get in trouble if the police find out? Possibly. The only defence to these offences is that at the time of the s*xual relations, your friend had reasonable belief (and founded on reasonably grounds) that the victim was of age.

In blackmailing your friend, is the younger boy committing an offence? Unfortunately, blackmailing a person in exchange for not accusing them of an indictable offence (previously under Criminal Code Act 1899 section 416) has been abolished. The closet offence is extortion under section 415.

 

[Jturner]

Hi jturner,

You're essentially asking two questions here:

In your friend sleeping with a 16 year old, was he committing an offence? In QLD, the age of consent to s*xual relations is 18 for sodomy and 16 for any other s*xual relations: Criminal Code 1899 (Qld) section 208 and section 215. Hence, will your friend get in trouble if the police find out? Possibly. The only defence to these offences is that at the time of the s*xual relations, your friend had reasonable belief (and founded on reasonably grounds) that the victim was of age.

In blackmailing your friend, is the younger boy committing an offence? Unfortunately, blackmailing a person in exchange for not accusing them of an indictable offence (previously under Criminal Code Act 1899 section 416) has been abolished. The closet offence is extortion under section 415.

Thank you for your reply so basically what your saying is if he goes to the police he will probability be in trouble with the law. If he is what could the outcome be?

And with the 19 year old blackmailing him there is nothing he could do about that?

Thanks

 

[Tracy B]

Unfortunately, it appears that way. I suggest your friend contact a criminal lawyer as soon as possible to find out the status of s 416.

In relation to sentencing, this is very difficult to say because it will depend on all the facts (e.g. how many times, willingness of other party, mitigating factors of the friend, aggravating factors of the victim etc). The appearance of consent by the victim will not prevent your friend from being guilty of the offence but will matter when it comes to sentencing. Your friend will also likely be registered on the sexual offences register.