Sexual Penetration Of A Parent, Lineal Ancestor Or Step-Parent in Melbourne, Victoria
Sexual penetration of a parent, lineal ancestor or step-parent is a serious criminal charge that can have a huge effect on your life. This is a charge that carries a custodial sentence. You need to contact a lawyer right now.
Have you been charged with sexual penetration of a parent, lineal ancestor or step-parent?
Some questions to discuss with your lawyer are: Did you sexually penetrate a parent, a grandparent or another lineal ancestor. Is the alleged victim a step-parent? If they were, were they ever in a position of care, supervision or authority over you? If the alleged act took place, how old were you when it took place?
If alleged sexual penetration occurred but you did not consent, then this is a defence that your lawyer can raise.
If alleged sexual penetration occurred but you were under the age of 18 at the time that the alleged sexual penetration occurred, then this is an exception to this charge and must be raised by your lawyer.
If the alleged victim is a step parent who was not ever in a position of care, supervision or authority over you, then you this is another exception to the charge.
If penetration took place for a medical or hygienic reason then a defence is available and this can be taken into account while preparing your defence.
The Offence
The prosecution must prove:
- The defendant intentionally sexually penetrated the alleged victim; or
- The defendant intentionally caused the alleged victim to sexually penetrate the defendant; and
- The defendant is aged 18 years old or older; and
- The alleged victim is the defendant’s parent, lineal ancestor or step parent; and
- The defendant knew that the alleged victim was the defendant’s parent, lineal ancestor or step parent.
The Maximum Penalty
Level 6 imprisonment being a maximum of 5 years
Where will my case be heard?
Sexual penetration of a parent, lineal ancestor or step parent cases can only be heard in the County Court or Supreme Court of Victoria
Questions to Consider
Do you have a defence in relation to the defences and exceptions raised above? Did the charged act of 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?
The most important thing for you to do right now is to contact and get some advice from a lawyer. An experienced criminal defence lawyer will be able to advocate for you as well as give you good advice.
If you have been charged with sexual penetration of a parent, lineal ancestor or step-parent, then you should book a time to see one of our sex offence lawyers and plan your defence. 03 8644 7320
The Legislation
CRIMES ACT 1958 – SECT 50E
Sexual penetration of a parent, lineal ancestor or step-parent
(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) A is 18 years of age or more; and
(c) B is A’s parent, lineal ancestor or step‑parent; and
(d) A knows that B is A’s parent, lineal ancestor or step-parent.
(2) A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).
Notes
1 Exceptions apply to this offence—see sections 50G and 50J.
2 A defence applies to this offence—see section 50H.
3 B’s consent is not a defence to this offence—see section 50K.
