Have you been charged with Procuring Sexual Act by Threat?
Then you will need the services of a specialist in criminal law.
Did you use threats or intimidation as means to persuade someone to engage in a sexual act?
There must be a real influencing of the person in relation to this charge. If you believe that no real influence was exerted, this may affect how you decide to plead to the Court.
Please read below for more information in relation to this charge.
The offence
Section 44 of the Crimes Act 1958.
To establish an offence under Section 44 of the Crimes Act 1958 the prosecution must prove:
- The defendant procured a person to take part in a sexual act; and
- The defendant did so by threats.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Procuring Sexual Act by Threat cases can be heard in the Magistrates’ Court of Victoria.
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?
Consult an experienced sex offence lawyer urgently. Ensuring your lawyer has enough time to prepare thoroughly for your matter can have an enormous impact on the outcome of your case.
If you have been charged with Procuring Sexual Act by Threat, make an appointment to see one of our experienced lawyers today.
The legislation
Section 44 Procuring sexual act by threat
(1) A person (A) commits an offence if—
(a) A makes a threat to another person (B) that A will cause harm of any kind to B, another person or an animal; and
(b) A intends that B will believe, or believes that B will probably believe, that A will cause that harm; and
(c) as a result of A’s threat, B or another person takes part (whether at the time the threat is made or at a later time) in a sexual act with A or another person; and
(d) A intends that, as a result of A’s threat, an outcome mentioned in paragraph (c) will occur.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) For the purposes of subsection (1), a threat may be made by words or conduct and may be explicit or implicit.
(4) For the purposes of subsection (1)(c), a person who takes part in a sexual act with A or another person may or may not be the person to whom A has threatened to cause harm.
Note
See section 35C for the meaning of taking part in a sexual act.
