Sexual Offences – VIC

Welcome to the VIC Abduction or Detention for sex article page. Everything you need to know about Abduction or Detention for sex according to VIC law.

What the Law States according to VIC Law for Abduction or Detention for sex

According to VIC Law for the charge of Abduction or Detention for sex,

Crimes Act 1958 – SECT 55
Abduction or detention

55. Abduction or detention

A person must not take away a person by force or detain a person against his or her will-

(a) with the intention of getting married to, or taking part in an act of sexual penetration with, that person; or

(b) with the intention that that person should marry, or take part in an act of sexual penetration with, another person.

Penalty: Level 5 imprisonment (10 years maximum).

The Maximum Penalty – Abduction or Detention for sex

According to VIC Law for the charge of Abduction or Detention for sex, 10 years.

What the Police must prove according to VIC Law for Abduction or Detention for sex

(a) The accused took away a person by force or detained a person against his or her will.

(b) The accused had an intention to get married to that other person, to take part in an act of sexual penetration with that person or that that the person should marry or take part in an act of sexual penetration with another person.

Possible Defences under VIC Law – Abduction or Detention for sex

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

In VIC which court will hear the matter – Abduction or Detention for sex

County Court

 

Date: 04/12/2011