Abduction of a Child Under the Age of 16 for a Sexual Purpose

by Doogue + George Criminal Defence Lawyers

Abduction of a Child Under the Age of 16 for a Sexual Purpose is charged against an accused who allegedly takes a young person somewhere without their agreement, and with the intention of performing a sexual act with the young person.

Examples of Abduction of a Child Under the Age of 16 for a Sexual Purpose

  • The mother is clear to 18-year old boyfriend that he is not to pick up the 15 year old daughter and take her away. He does so as they are having a sexual relationship.
  • Two people meet online. The parents tell the older one not to take the child anywhere. The 22-year old arranges to pick the 14-year old up in his car and to go to the motel and have sex.

What are some of the possible defences to a charge of Abduction of a Child Under the Age of 16 for a Sexual Purpose?

Obvious defences that are run against this charge are:

  • There was no intention to have sex with the child.
  • There was no taking away of the child.
  • There was no indication that the accused was aware that the accused was not allowed to go with the child.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Maximum penalty and court that deals with this charge

There is a maximum penalty of level 6 imprisonment (5 years) for the offence of Abduction of a Child Under the Age of 16 for a Sexual Purpose. This is a very serious charge that will normally result in a prison term – if you are found guilty.

It does not mean that a person will receive the maximum penalty upon being found guilty. The maximum is reserved for the worst example of the charge. The reason that the maximum is relatively low is that if there was a completed act of rape or some other offence, then that would be charged as well.

Abduction of a Child Under the Age of 16 for a Sexual Purpose is a strictly indictable charge which means that your case must be heard in the County Court.

What is the legal definition of Abduction of a Child Under the Age of 16 for a Sexual Purpose?                  

The charge in essence is made out by taking a child – or getting someone else to do it – from the care of another person who has lawful charge of the child, whilst having the intention that they will participate in sexual acts.

To prove this charge, the prosecution must show that the accused has an intention to have sex with the child who has been abducted.

Legislation

The section that covers this offence is section 49P of the Crimes Act 1958.

The charge of Abduction of a Child Under the Age of 16 for a Sexual Purpose is a very serious offence that can land an accused behind bars on a finding of guilt. If you have been charged, contact a lawyer immediately. Doogue + George Defence Lawyers specialises in the defence against criminal charges especially where they relate to sexual crimes.

Visit this page where this article was originally published: https://www.criminal-lawyers.com.au/offences/abduction-child-under-age-16-for-sexual-purpose.



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