Persistent Sexual Abuse of a Child under 16
Persistent Sexual Abuse of a Child under 16 is a serious child sex offence in Victoria. Over the years, the name for this offending has changed. It was formerly called Maintaining a Sexual Relationship with a Child under 16.
Persistent Sexual Abuse of a Child under 16 is set out in Section 49J of the Crimes Act 1958. The offence involves a sexual act with a child on at least three occasions.
The maximum penalty for this offence is 25 years imprisonment.
To be found guilty, the prosecution must prove two elements beyond reasonable doubt:
- The complainant was under 16 years at the time of each act
(in other words, for the whole of the period of the offending, the ‘sexual abuses’); and - On at least three occasions the accused committed the crimes against the complainant.
In relation to the three separate occasions, the offences do not have to be of the same type. The accused only needs to commit three acts or more of sexual abuse.
The element will be satisfied if, on at least three occasions, the accused committed any of the relevant offences. For example, on one occasion the accused committed sexual penetration or rape, on another occasion the accused committed sexual assault, and on another occasion the accused committed sexual activity in the presence of a child.
It is not necessary for the prosecution to prove these acts ‘with the same degree of specificity as to date, time, place, circumstances or occasion’ as would be required if the accused were charged with a single act of that particular criminal offence.
This charge is usually heard in the County Court of Victoria, however, it can be heard in the Supreme Court of Victoria.
If you are being investigated for, or have been charged with, Persistent Sexual Abuse of a Child under 16 years, call Criminal Barrister Elizabeth McKinnon immediately for expert legal advice.
The penalty for this charge is significant, and it is critical that you get the best legal advice available.
Note – Generally, the more occasions of offending that occur the more harsh the sentence. The more serious the individual occasion of offending that occurs the more harsh the sentence.
Criminal Barrister Elizabeth McKinnon is a specialist lawyer in sex offences. She is highly experienced in defending these types of charges.