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Persistent Sexual Abuse of a Child Under the Age of 16

Sexual Offences – VIC

Welcome to the VIC Persistent sexual abuse of a child under the age of 16 article page. Everything you need to know about Persistent sexual abuse of a child under the age of 16 according to VIC law.

What the Law States according to VIC Law for Persistent sexual abuse of a child under the age of 16

According to VIC Law for the charge of Persistent sexual abuse of a child under the age of 16,

Crimes Act 1958 – SECT 47A
Persistent sexual abuse of child under the age of 16

47A. Persistent sexual abuse of child under the age of 16

(1) A person who persistently sexually abuses a child under the age of 16 to whom he or she is not married is guilty of an indictable offence.

(2) To prove an offence under subsection (1) it is necessary to prove-

(a) that the accused during a particular period (while the child was under the age of 16) did an act in relation to the child which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B); and

(b) that an act which would constitute an offence under a provision of this Subdivision or Subdivision (8A) or (8B) took place between the accused and the child on at least two other occasions during thatperiod.

(2A) It is not necessary that the alleged acts be of a similar nature or constitute an offence under the same provision.

(3) It is not necessary to prove an act referred to in subsection (2)(a) or (b) with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted by that act instead of an offence against subsection (1).

(4) A person who is guilty of an offence under subsection (1) is liable to level 2 imprisonment (25 years maximum).

(5) If on the trial of a person charged with an offence against subsection (1) the jury are not satisfied that he or she is guilty of the offence charged but are satisfied that the accused did an act during that period which constitutes an offence against Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I, the jury must acquit the accused of the offence charged but may find him or her guilty of that other offence and he or she is liable to punishment accordingly.

(6) Subsection (5) does not restrict the operation of section 421 or 422.

(7) A prosecution for an offence under subsection (1) must not be commenced without the consent of the Director of Public Prosecutions.

The Maximum Penalty – Persistent sexual abuse of a child under the age of 16

According to VIC Law for the charge of Persistent sexual abuse of a child under the age of 16, 25 years imprisonment.

What the Police must prove according to VIC Law for Persistent sexual abuse of a child under the age of 16

(a) The accused did an act during the period specified in the charge which would constitute an offence under Subdivision (8A), Subdivision (8B) or Subdivision (8C) of Div 1 of Part 1 of the Crimes Act 1958 (e.g. rape, indecent assault, incest, sexual offences against children).

(b) The complainant was under the age of 16.

(c) The accused was not married to the complainant.

(d) The accused’s act with that child took place on at least three occasions during the period specified.

Possible Defences under VIC Law – Persistent sexual abuse of a child under the age of 16

(a) Factual dispute
(b) Honest and reasonable mistake of belief of age
(c) Identification dispute
(d) Mental impairment

In VIC which court will hear the matter – Persistent sexual abuse of a child under the age of 16

County Court

 

Date: 09/01/2009

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