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Indecent Act With a Child Under the Age of 16

Sexual Offences – VIC

Welcome to the VIC Indecent act with a child under the age of 16 article page. Everything you need to know about Indecent act with a child under the age of 16 according to VIC law.

What the Law States according to VIC Law for Indecent act with a child under the age of 16

According to VIC Law for the charge of Indecent act with a child under the age of 16,

Crimes Act 1958 – SECT 47
Indecent act with child under the age of 16

47. Indecent act with child under the age of 16

(1) A person must not wilfully commit, or wilfully be in any way a party to the commission of, an indecent act with or in the presence of a child under the age of 16 to whom he or she is not married.

(2) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence-

(a) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that the child was aged 16 or older; or

(b) the accused was not more than 2 years older than the child; or

(c) the accused satisfies the court on the balance of probabilities that he or she believed on reasonable grounds that he or she was married to the child.

(3) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent.

The Maximum Penalty – Indecent act with a child under the age of 16

According to VIC Law for the charge of Indecent act with a child under the age of 16, 10 years maximum.

What the Police must prove according to VIC Law for Indecent act with a child under the age of 16

(a) The accused wilfully committed an indecent act with or in the presence of a child under 16 years.

Possible Defences under VIC Law – Indecent act with a child under the age of 16

(a) Consent
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) The accused is less than 2 years older than the complainant

In VIC which court will hear the matter – Indecent act with a child under the age of 16

Generally County Court.

 

Date: 09/01/2009

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