Have you been charged with the Administration of an Intoxicating Substance for a Sexual Purpose?
If so, there are several issues to consider in relation to defending the charge.
Did you administer an intoxicating substance to another person, or cause them to take it? If so, was your purpose to render them incapable of withholding or withdrawing consent, or resisting sexual advances, either by you or by someone else?
The term “intoxicating substance” is defined in the legislation to include any substance that affects a person’s senses or understanding. The substance must be something which is capable, or which the defendant believes is capable, of rendering the other person unable to resist.
Legislation can be extremely complex, and the penalties for a guilty finding can be severe. Consult a law firm that specialises in criminal law before entering your plea of guilt or not guilty at Court.
The offence
Section 46 of the Crimes Act 1958.
The prosecution must prove:
- The defendant:
- Administered an intoxication substance to another person; or
- Caused an intoxicating substance to be taken by another person; or
- Causes another to administer an intoxicating substance to another person; and
- The defendant did so with the intention of:
- Rendering that other person incapable of withholding or withdrawing consent or resisting participation in a sexual act; and
- Thereby enabling the defendant or another person to take part in a sexual act with that other person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Administration of an Intoxicating Substance for a Sexual Purpose cases will usually be heard in the Magistrates’ Court of Victoria with more serious examples being heard in the County Court.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
Arrange a time to see an experienced criminal lawyer urgently. The longer a lawyer has to prepare for your matter, the greater the chance of achieving a favourable outcome. Don’t leave it to the last minute.
If you have been charged with Administration of an Intoxicating Substance for a Sexual Purpose, make an appointment to see one of our experienced lawyers today.
The legislation
Section 46 Administration of an intoxicating substance for a sexual purpose
(1) A person (A) commits an offence if—
(a) A—
(i) administers an intoxicating substance to another person (B); or
(ii) causes B to take an intoxicating substance; or
(iii) causes another person (C) to administer an intoxicating substance to B; and
(b) A intends that the intoxicating substance—
(i) will impair B’s capacity to give, withhold or withdraw consent to taking part in a sexual act; and
(ii) will facilitate B taking part in a sexual act with A or another person.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In this section—
“intoxicating substance” includes any substance that affects a person’s senses or understanding.
Note
See section 35C for the meaning of taking part in a sexual act.
