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Abduction of a Child Under the Age of 16 for Sex

Sexual Offences – VIC

Welcome to the VIC Abduction of a child under the age of 16 for sex article page. Everything you need to know about Abduction of a child under the age of 16 for sex according to VIC law.

What the Law States according to VIC Law for Abduction of a child under the age of 16 for sex

According to VIC Law for the charge of Abduction of a child under the age of 16 for sex,

Crimes Act 1958 – SECT 56
Abduction of child under the age of 16

56. Abduction of child under the age of 16

(1) A person must not take away a child under the age of 16 against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

Penalty: Level 6 imprisonment (5 years maximum).

(2) A person must not cause a child under the age of 16 to be taken away against the will of a person who has lawful charge of the child with the intention that the child should take part in an act of sexual penetration outside marriage with him or her or any other person.

Penalty: Level 6 imprisonment (5 years maximum).

The Maximum Penalty – Abduction of a child under the age of 16 for sex

According to VIC Law for the charge of Abduction of a child under the age of 16 for sex, 5 years.

What the Police must prove according to VIC Law for Abduction of a child under the age of 16 for sex

(a) The accused took away a child.
(b) The child was under the age of 16.
(c) The taking was against the will of the person who had lawful charge of the child.
(d) The accused had an intention that the child should take part in an act of sexual penetration.

Possible Defences under VIC Law – Abduction of a child under the age of 16 for sex

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent

In VIC which court will hear the matter – Abduction of a child under the age of 16 for sex

County Court

 

Date: 09/01/2009

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