A court in the New South Wales, Australia, ruled if a man honestly believed and could reasonably conclude the girl with whom he was having sex was not underage, then it was a legal action. Until the Australian parliament five years ago changed the law, in NSW it was not an illegal underage sex encounter if the man:
* honestly and reasonably believed their partner was at least 16, the age of consent;
* the partner consented to sex;
* the partner was at least 14 years old.
The High Court ruled in favor of a man convicted of having sex with a girl who was underage. In October, 2004, a fifteen year old girl went out drinking and was assaulted by the defendant an two other males. He was acquitted of sexual assault but convicted of underage sex. The High Court by a six to one vote concluded the defendant honestly believed the girl was not underage and she did not look to be. The Court also noted in the criminal case against CTM he never testified and no one bothered to ask the girl if she had told CTM that she was 16.