Speak to a Melbourne Criminal Lawyer. Call 1300 331 331

Occupier etc. Permitting Unlawful Sexual Penetration

Sexual Offences – VIC

The Law – Occupier etc. permitting unlawful sexual penetration

What the Law states

Crimes Act 1958 – SECT 54
Occupier etc. permitting unlawful sexual penetration

54. Occupier etc. permitting unlawful sexual penetration

The owner or occupier of, or a person managing or assisting in the management of, any premises must not induce or knowingly allow a child under the age of 17 to enter or remain on the premises for the purpose of taking part in an unlawful act of sexual penetration.

Maximum Penalty – Occupier etc. permitting unlawful sexual penetration

10 years imprisonment if the child is aged between 13 and 17 years
15 years imprisonment if the child is aged under the age of 13

What the Police must prove – Occupier etc. permitting unlawful sexual penetration

(a) The accused was the owner or occupier of premises or a person managing or assisting in the management of premises.

(b) The accused induced or knowingly allowed a child under the age of 17 to enter or remain on the premises.

(c) The purpose for which the child was on the premises was that of taking part in an act of unlawful sexual penetration.

(d) The accused knew of this purpose.

Possible Defences

(a) Factual dispute
(b) Honest and reasonable mistake of belief
(c) Lack of intent

Which court will hear the matter

County Court

Get Quick Legal Advice

Your Name (required)

Your Email (required)

Your Phone Number (required)

Your State (required)

Subject

Your Message

Check if you're not a robot: