Procuring Sexual Penetration by Threats or Fraud

By Doogue + George Criminal Defence Lawyers

 

Procuring Sexual Penetration by Threats or Fraud in Melbourne – What’s the Maximum Penalty & How Serious is this Charge?

There is a maximum penalty of 5 to 10 years of imprisonment for anyone found guilty of Procuring Sexual Penetration by Threats or Fraud. The maximum penalty depends on what subsection of the legislation for this charge applies. This does not however mean that all convicted defendants will automatically receive the maximum penalties. The Courts typically impose them only if the criminal offending is deemed extreme. Procuring Sexual Penetration by Threats or Fraud is a very serious offence which would generally lead to a prison term on a finding of guilt. As it is an indictable offence, it is primarily heard in the County Court.

                                                             

The legislation on Procuring Sexual Penetration by Threats or Fraud

Section 57 of the Crimes Act 1958 is the relevant law for Procuring Sexual Penetration by Threats or Fraud and is as follows:

                                

Procuring Sexual Penetration by Threats or Fraud

 

(1) A person must not by threats or intimidation procure a person to take part in an act of sexual penetration.

 

Penalty: Level 5 imprisonment (10 years maximum).

 

(2) A person must not by any fraudulent means procure a person to take part in an act of sexual penetration.

 

Penalty: Level 6 imprisonment (5 years maximum).

 

Pleading guilty or not guilty to Procuring Sexual Penetration by Threats or Fraud in a Melbourne Court

Deciding on whether to plead guilty to Procuring Sexual Penetration by Threats or Fraud or not has important implications for you and should be made after proper discussions with a criminal defence solicitor. If you are found guilty, there could be severe consequences.

 

Elements of the charge of Procuring Sexual Penetration by Threats or Fraud in a Melbourne Court

The Prosecution must show that the defendant procured a person to take part in an act of sexual penetration by threats, intimidation, or fraudulent means.

 

Defending the charge of Procuring Sexual Penetration by Threats or Fraud in a Melbourne Court

Defences that are often run in relation to this charge may include factual dispute and lack of intent. Did the defendant really make use of intimidation or fraudulent means? An identification dispute may also arise if the defendant is not really the person behind the intimidation or whatever it is that threatened the alleged victim. Other defences are used by lawyers depending on the overall circumstances of the case.

For more information on Procuring Sexual Penetration by Threats or Fraud, 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)

http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

                                                                                                               

This article was written on Aug. 24, 2012 and relates to the law that it stands at this time.



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