Procuring Sexual Penetration of a Child

By Doogue + George Criminal Defence Lawyers

 

The Maximum Penalty for Procuring Sexual Penetration of a Child in Melbourne – How Serious is this Charge?

There is a maximum penalty of a 10-year prison term for anyone found guilty of the offence of Procuring Sexual Penetration of a Child. This is a very serious offence which normally carries a prison term on a finding of guilt. It is an indictable offence primarily heard in the County Court.

 

The legislation on Procuring Sexual Penetration of a Child

Section 58 of the Crimes Act 1958 is the relevant law for Procuring Sexual Penetration of a Child and is as follows:

                       

Procuring Sexual Penetration of a Child

 

(1) A person aged 18 years or more must not solicit or procure a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with him or her or another person.

 

Penalty: Level 5 imprisonment (10 years maximum).

 

(2) A person aged 18 years or more must not solicit or procure another person to take part in an act of sexual penetration, or an indecent act within the meaning of Subdivision (8D)), outside marriage with a child under the age of 16 years.

 

Penalty: Level 5 imprisonment (10 years maximum).

 

(3) A person aged 18 years or more must not solicit or procure a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), with him or her or another person.

 

Penalty: Level 5 imprisonment (10 years maximum).

 

(4) If-

 

   (a)  a person does an act or thing referred to in subsection (1), (2) or (3) outside, or partly outside, Victoria; and

   (b)  there is a real and substantial link within the meaning of subsection (5) between the doing of the act or thing and Victoria- those subsections apply to the act or thing as if it had been done wholly within Victoria.

 

(5) For the purposes of subsection (4), there is a real and substantial link with Victoria-

 

   (a)  if a significant part of the conduct relating to, or constituting the doing of, the act or thing occurred in Victoria; or

   (b)  where the act or thing was done wholly outside Victoria, if the act or thing was done with the intention that the act of sexual penetration or the indecent act occur in Victoria.

 

(6) For the purposes of subsection (3), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is-

 

   (a)  the child's teacher;

   (b)  the child's foster parent;

   (c)  the child's legal guardian;

   (d)  a minister of religion with pastoral responsibility for the child;

   (e)  the child's employer;

   (f)  the child's youth worker;

   (g)  the child's sports coach;

   (h)  the child's counsellor;

   (i)  the child's health professional;

   (j)  a member of the police force acting in the course of his or her duty in respect of the child;

   (k)  employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.

 

Pleading guilty or not guilty to Procuring Sexual Penetration of a Child in a Melbourne Court

Deciding on whether to plead guilty to Procuring Sexual Penetration of a Child 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 of a Child in a Melbourne Court

The Prosecution must show that the defendant solicited or procured a child to take part in an act of sexual penetration or indecent act. The child must have then taken part in the act of sexual penetration or indecent act and that the action took place outside of marriage. The defendant  must also be at least 18 years old at the time of the alleged offending.

 

Defending the charge of Procuring Sexual Penetration of a Child in a Melbourne Court

Defences that are often run in relation to this charge are honest and reasonable mistake of belief, lack of intent. The act may have also occurred in the presence of a person who has legal charge of the child. Whenever facts reported to the Court prove to be inaccurate, a factual dispute is also likely to be raised out.

 

For more information on Procuring Sexual Penetration of a Child, 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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