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Administration of Drugs for Sex

Sexual Offences – VIC

Welcome to the VIC Administration of drugs for sex article page. Everything you need to know about Administration of drugs for sex according to VIC law.

What the Law States according to VIC Law for Administration of drugs for sex

According to VIC Law for the charge of Administration of drugs for sex,

Crimes Act 1958 – SECT 53
Administration of drugs etc.

53. Administration of drugs etc.

(1) A person must not-

(a) administer a drug, matter or thing to a person; or

(b) cause a drug, matter or thing to be taken by a person-

with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to take part in an act of sexual penetration with that person. Penalty: Level 5 imprisonment (10 years maximum).

(2) A person must not-

(a) administer a drug, matter or thing to a person; or

(b) cause a drug, matter or thing to be taken by a person-

with the intention of rendering that person incapable of resistance and thereby enabling himself or herself or another person to commit, or in any way be a party to the commission of, an indecent act with that person. Penalty: Level 6 imprisonment (5 years maximum).

(3) In subsection (2), indecent act means an indecent assault in any of the circumstances referred to in section 39(2) or an indecent act in any of the circumstances referred to in section 47, 49, 51(2) or 52(2).

The Maximum Penalty – Administration of drugs for sex

According to VIC Law for the charge of Administration of drugs for sex, 5 years or 10 years depending on the subsection charged under.

What the Police must prove according to VIC Law for Administration of drugs for sex

(a) The accused administered a drug, matter or thing to another person or caused a drug, matter or thing to be taken by another person.

(b) The accused did so with the intention of rendering that other person incapable of resistance and thereby enabling an act of sexual penetration.

Possible Defences under VIC Law – Administration of drugs for sex

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

In VIC which court will hear the matter – Administration of drugs for sex

County Court

 

Date: 09/01/2009

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