Abduction of a Child Under the Age of 16 for Sex

by Doogue & O'Brien Criminal Defence Lawyers

What’s the Maximum Penalty and which Melbourne Court hears that charge?

If a defendant is found guilty of Abduction of a Child Under the Age of 16 for Sex, the Court may impose a maximum penalty of a 5-year prison term. This is applicable regardless of whether the offence was under section 1 or 2 of the relevant legislation. Maximum penalties are however usually imposed by Courts only for the most extreme cases of a specific offence. Abduction of a Child Under the Age of 16 for Sex is a highly serious offence that usually results to a prison term if guilt is proven in Court. The seriousness of this charge is further reflected on the fact that it is an indictable offence heard generally before a Judge in the County Court.

 

The legislation on Abduction of a Child Under the Age of 16 for Sex

Section 56 of the Crimes Act 1958 is the specific legislation for the charge of Abduction of a Child Under the Age of 16 for Sex. It states:

                               

Abduction of Child Under the Age of 16

 

(1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

 

Penalty: Level 6 imprisonment (5 years maximum).

 

(2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

 

Penalty: Level 6 imprisonment (5 years maximum).

 

Pleading guilty or not guilty to Abduction of a Child Under the Age of 16 for Sex in a Melbourne Court

Abduction of a Child Under the Age of 16 for Sex is a very serious offence that carries serious repercussions. It is crucial that you speak with a criminal defence solicitor in relation to this charge. A criminal lawyer can promptly address all your legal issues and thereby minimize legal risks.

 

Elements of the charge Abduction of a Child Under the Age of 16 for Sex in a Melbourne Court

One of the elements of Abduction of a Child Under the Age of 16 for Sex requires that the child taken be under the age of 16. The defendant must have taken away the child and the taking should have been against the will of the person who had lawful charge of the child. It is necessary for the defendant to have had the intention of having the child take part in an act of sexual penetration.

 

Defending the charge of Abduction of a Child Under the Age of 16 for Sex in a Melbourne Court

Defences that are often run against the charge of Abduction of a Child Under the Age of 16 for Sex often include disputes on the facts provided to the Court. Any error on the allegations would be put to the Court on a factual or an identification dispute. Lack of intent is also often run as a defence in these cases because of the elements that must be proven. Obviously other defences may be raised depending on the circumstances.

 

For more information on Abduction of a Child Under the Age of 16 for Sex, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)

www.criminal-lawyers.com.au/melbourne-criminal-lawyers

 

This article was written on Aug. 16, 2012 and relates to the law that it stands at this time.



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