Sexual penetration of a child or lineal descendent charges, Melbourne, Victoria
Sexual penetration of a child or lineal descendant (grandchild, great grandchild etc.) is a very serious crime and carries a very significant maximum penalty of jail time.
Have you been charged with sexual penetration of a child or lineal descendent?
Some questions to discuss with your lawyer are: what is your relationship to the alleged child victim? If the alleged penetration did take place, did you consent to it? It is a defence to this charge if you were not consenting to any penetration – for example if you were threatened and coerced to take part in the penetration.
The consent of the child is irrelevant to the charges, as children cannot consent to this charge.
If the penetration occurred because of a medical or hygienic reason then this should also be discussed with your lawyer.
The prosecution must prove:
- The defendant intentionally sexually penetrated the alleged child victim; or
- The defendant intentionally caused the alleged child victim to sexually penetrate the defendant; and
- The alleged child victim is the defendant’s child or lineal descendant; and
- The defendant knows that the alleged child victim is their child or lineal descendant.
The Maximum Penalty
Level 2 imprisonment being a maximum of 25 years.
Where will my case be heard?
Sexual penetration of a child or lineal descendant cases can only be heard in the County Court or the Supreme Court of Victoria.
Questions to consider
Do you have a defence in relation to the available defences mentioned above? Did the sexual penetration happen 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 sex offence lawyer about your current legal situation. Charges of this kind can have life changing repercussions and you need to explore all your options with a competent solicitor. Do you have all the answers? You only need to know you need a lawyer right now. Call us on 03 8644 7320
If you have been charged with sexual penetration of a child or lineal descendant then you need to call and speak to us immediately.
Sexual penetration of a child or lineal descendant
(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; and
(b) B is A’s child or lineal descendant; and
(c) A knows that B is A’s child or lineal descendant.
(2) A person who commits an offence against subsection (1) is liable to level 2 imprisonment (25 years maximum).
1 An exception applies to this offence—see section 50G.
2 A defence applies to this offence—see section 50H.
3 B’s consent is not a defence to this offence—see section 50K.
Note 4 to s. 50C inserted by No. 65/2016 s. 24(3).
4 An offence against subsection (1) is a category 1 offence under the Sentencing Act 1991 if the victim was, at the time of the offence, under the age of 18. See section 5(2G) of that Act for the requirement to impose a custodial order for this offence.