Grooming Offences Lawyer Melbourne
In Victoria, it is an offence for a person to engage in conduct with the intention of procuring a child under the age of 16 for sexual activity or exploitation. This practise is known as ‘grooming’. The charge is called ‘Grooming for Sexual Conduct with a Child under the age of 16’. Grooming can involve a range of activities, including communication with a child online or in person, the provision of gifts or other rewards, and the creation of a relationship of trust with a child.
Under the Crimes Act 1958, it is an offence to groom a child under the age of 16 years for sexual activity or exploitation. The maximum penalty for this offence is 10 years’ imprisonment.
The relevant law is set out in section 49M of the Crimes Act 1958. In order for a person to be found guilty of grooming, the prosecution must prove each of the following elements beyond reasonable doubt:
- The accused person is aged 18 years or more;
- The accused communicated by words or conduct (whether or not a response was made to the communication)
- The communication or conduct was with a child under the age of 16; or
- The communication or conduct was with someone with the care, supervision or authority over the child; and
- The accused intended the communication to facilitate the child to engage or be involved in the commission of a sexual offence.
It is important to note that grooming conduct can include any form of communication, including in-person communication, communication via the internet, or communication via phone or other electronic means.
The Commonwealth law also has similar legislation to the law in Victoria regarding this type of conduct. The Commonwealth law regarding grooming is in the Criminal Code Act 1995. It states that it is a criminal offence to use the internet or other electronic means to groom a child or young person under the age of 16 years for sexual activity or exploitation. The maximum penalty for this offence is 15 years’ imprisonment under the Criminal Code Act 1995.
Offending relating to grooming is taken very seriously by the Courts in Australia. If you have been charged with this kind of offending, do not wait to contact Elizabeth McKinnon for legal advice. The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law, particularly an expert in sex cases.
The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.