Have you been charged with Sexual Penetration of a Child Under the Age of 16?
There are a number of issues to consider if you have been charged with this offence.
- Did you commit an act of sexual penetration with a child under the age of 16?
- Did you know how old the child was?
- What was the age gap between you and the child under 16?
There is a defence of consent open to you in certain circumstances, but you will need to discuss this in detail with your lawyer.
You should be aware that pleading guilty to this charge carries a maximum penalty of 15 years imprisonment.
Please read below for more information relating to this charge. Or follow this link for more information on sex offences generally.
The offence
Section 49B of the Crimes Act 1958.
The prosecution must prove that:
The defendant intentionally:
- sexually penetrated another person under the age of 16;
- caused or allowed a person under the age of 16 to sexually penetrate them; or
- caused a person under the age of 16 to sexually penetrate themselves, another person or be sexually penetrated by someone else.
The maximum penalty
Level 4 imprisonment being a maximum of 15 years
Where will my case be heard?
Sexual Penetration of a Child Under the Age of 16 cases can only be heard in the County Court.
Questions to consider
- Do you have a defence?
- Is the age gap greater than 2 years?
- Was the child over 12 years of age?
- If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Now is the time to make sure that you have a lawyer who can give you that advice, help you prepare your evidence and discuss what is to be addressed in this matter. Arrange a time to see one of our experienced sex offence criminal lawyers.
Preparation is critical to the success of any matter, ensure that you prepare appropriately by seeking quality legal advice. If you have been charged with Sexual Penetration of a Child Under the Age of 16 make an appointment to see one of our lawyers as soon as is practical.
The legislation
Section 49B Sexual penetration of a child under the age of 16
(1) A person (A) commits an offence if—
(a) A intentionally—
(i) sexually penetrates another person (B); or
(ii) causes or allows B to sexually penetrate A; or
(iii) causes B—
(A) to sexually penetrate themselves; or
(B) to sexually penetrate another person (C); or
(C) to be sexually penetrated by C; and
(b) B is a child under the age of 16 years.
(2) A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).
(3) The standard sentence for an offence against subsection (1) is 6 years.
Notes
1 An exception applies to this offence—see section 49T.
2 Defences apply to this offence—see sections 49V and 49W.
3 See sections 5A and 5B of the Sentencing Act 1991 as to standard sentences.
