Sexual Penetration of Child Under the Age of 16 Charges
Please be aware this section has now been repealed and the correct and current law exists under section s49B of the Crimes Act 1958
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s45 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Have you been charged with Sexual Penetration of a child under the age of 16?
Sexual penetration of a child under the age of 16 is a serious crime. If you are convicted of sexual penetration of a child under the age of 16 then you will be given a custodial sentence. You need to contact criminal lawyer to represent you immediately.
Some questions to discuss with your lawyer are:
- Did you sexually penetrate a child under the age of 16?
- Did you cause them to sexually penetrate you, themselves, another person or be penetrated by another person?
- If the person who has been charged with the offence is not more than two years older than the complainant, and the complainant was more than 12 years old at the time of penetration and the complainant consented, then this can be used as a valid defence.
- Similarly, if the child was over 12 years old and you had a reasonable belief that the child was over 16, then this is also defence to the charge.
- If penetration took place for a medical or hygienic reason, then a defence is available in limited circumstances and can be taken into account while preparing your defence.
Sexual Penetration of a child under the age of 16 – The Offence
Previously S 45 of the Crimes Act –
New Legislation as of 1st July 2017 S49B of the Crimes Act 1958
The prosecution must prove:
- The defendant took part in an act of sexual penetration with the alleged victim;
- The defendant intended to take part in that act of sexual penetration;
- The alleged victim was under the age of 16 at the time the sexual penetration took place.
Sexual Penetration of a child under the age of 16 – The Maximum Penalty
Level 4 imprisonment being a maximum of 15 years.
Where Will My Case Be Heard
Sexual Penetration of Child Under the Age of 16 cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to Consider
- Were you aware of the real age of the child involved?
- Are you no more than two years older than the complainant? Did the sexual penetration occur at all?
- If you are planning to plead guilty, what can you do to try to minimise your sentence?
What to do Next
You need to talk to a professional who is able to use their experience to your advantage. You don’t want to be disadvantaged by a lawyer who is not used to this kind of case. Let them be your voice in court.
If you have been charged with Sexual Penetration of a Child Under the Age of 16 you should make an appointment to speak with one of our lawyers today. 03 8644 7320
The Legislation
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).
Notes
1 An exception applies to this offence—see section 49T.
2 Defences apply to this offence—see sections 49V and 49W.
If you have been charged or facing charges for Sexual Penetration of Child Under the Age of 16, call Dribbin & Brown Criminal Lawyers expert defence for Sex Offences allegations 03 8644 7320.
