Sexual Penetration of a Child Offences Lawyer Melbourne
Sexual Penetration of a Child is a very serious charge. Unlike the charge of Rape, the charge of Sexual Penetration of a Child does not require the consent of the child (the ‘complainant’). Therefore, it is irrelevant if the child provided consent. In Victorian law, a child under 16 years of age is not capable of providing consent.
When a person is charged with Sexual Penetration of a Child, the charge will specifically state ‘Sexual Penetration of a Child under 16’.
Sexual Penetration can include any activity that involves the insertion of a body part (for example a penis or a finger) or an object into the vagina, anus, or mouth of another person.
Under the Crimes Act 1958, section 49B(1), it is an offence to sexually penetrate a child under 16. The maximum penalty for Sexual Penetration of a child under 16 in Victoria is 15 years’ imprisonment.
The elements of the offence of Sexual Penetration of a Child under 16 are set out in section 49B(1) of the Crimes Act 1958. In order for a person to be found guilty of this charge, the Prosecution must prove each of the following elements beyond reasonable doubt:
- The accused intentionally:
- sexually penetrated the child; or
- caused or allowed the child to sexually penetrate the accused; or
- caused the child to sexually penetrate themselves, another person or be sexually penetrated by another person; and
- The child was under the age of 16.
The Crimes Act 1958 provides defences to this charge.
The following is a defence to this charge:
- The accused was not more than 2 years older than the child; and
- The child was 12 years of age or more; and
- The child consented to the sexual penetration.
Another defence is a ‘reasonable belief’ as to age of the child:
- The child was 12 years of age or more; and
- The accused reasonably believed that the child was 16 years of age or more.
In relation to this defence, the accused must prove on the balance of probabilities that he or she reasonably believed that the child was 16 years of age or more. This will depend on the circumstances surrounding the allegation and what steps the accused took to find out the age of the child.
The Crimes Act 1958 has a more serious charge of Sexual Penetration of a Child, and that is Sexual Penetration of a Child under 12.
Under the Crimes Act 1958, section 49A(1), it is an offence to sexually penetrate a child under the age of 12. The maximum penalty for Sexual Penetration of a Child under 12 in Victoria is 25 years’ imprisonment.
The elements of the offence of sexual penetration of a child under 12 are set out in section 49A(1) of the Crimes Act 1958. In order for a person to be found guilty of this charge, the Prosecution must prove each of the following elements beyond reasonable doubt:
- The accused intentionally
- sexually penetrated the child; or
- caused or allowed the child to sexually penetrate the accused; or
- caused the child to sexually penetrate themselves, another person or be sexually penetrated by another person; and
- The child was under the age of 12.
Sexual Penetration of a Child is a serious charge that can be difficult to defend. These cases are highly technical. This area of law has changed over the years. A lot may depend on when the police allege the sexual penetration of the child occurred. For example, is it alleged that the sexual penetration of the child occurred 10 years ago, 15 years ago or 20 years ago? If the allegations involve ‘historical offending’, the former laws were not identical to the laws for this conduct today.
Elizabeth is highly experienced in defending charges involving the sexual penetration of a child. If you have been charged with the Sexual Penetration of a Child contact Elizabeth now to seek advice and legal representation. 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.