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Procuring Sexual Penetration of a Child

Sexual Offences – VIC

Welcome to the VIC Procuring sexual penetration of a child article page. Everything you need to know about Procuring sexual penetration of a child according to VIC law.

What the Law States according to VIC Law for Procuring sexual penetration of a child

According to VIC Law for the charge of Procuring sexual penetration of a child,

Crimes Act 1958 – SECT 58
Procuring sexual penetration of a child

58. Procuring sexual penetration of a child

(1) A person aged 18 years or more must not solicit or procure a child under the age of 16 years to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with him or her or another person.

Penalty: Level 5 imprisonment (10 years maximum).

(2) A person aged 18 years or more must not solicit or procure another person to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), outside marriage with a child under the age of 16 years.

Penalty: Level 5 imprisonment (10 years maximum).

(3) A person aged 18 years or more must not solicit or procure a 16 or 17 year old child to whom he or she is not married and who is under his or her care, supervision or authority to take part in an act of sexual penetration, or an indecent act (within the meaning of Subdivision (8D)), with him or her or
another person.

Penalty: Level 5 imprisonment (10 years maximum).

(4) If-

(a) a person does an act or thing referred to in subsection (1), (2) or (3) outside, or partly outside, Victoria; and

(b) there is a real and substantial link within the meaning of subsection (5) between the doing of the act or thing and Victoria- those subsections apply to the act or thing as if it had been done wholly
within Victoria.

(5) For the purposes of subsection (4), there is a real and substantial link with Victoria-

(a) if a significant part of the conduct relating to, or constituting the doing of, the act or thing occurred in Victoria; or

(b) where the act or thing was done wholly outside Victoria, if the act or thing was done with the intention that the act of sexual penetration or the indecent act occur in Victoria.

(6) For the purposes of subsection (3), and without limiting that subsection, a child is under the care, supervision or authority of a person if the person is-

(a) the child’s teacher;

(b) the child’s foster parent;

(c) the child’s legal guardian;

(d) a minister of religion with pastoral responsibility for the child;

(e) the child’s employer;

(f) the child’s youth worker;

(g) the child’s sports coach;

(h) the child’s counsellor;

(i) the child’s health professional;

(j) a member of the police force acting in the course of his or her duty in respect of the child;

(k) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of his or her duty in respect of the child.

The Maximum Penalty – Procuring sexual penetration of a child

According to VIC Law for the charge of Procuring sexual penetration of a child, 10 years.

What the Police must prove according to VIC Law for Procuring sexual penetration of a child

(a) The accused solicited or procured a child to take part in an act of sexual penetration or an indecent act.
(b) The child took part in an act of sexual penetration or an indecent act.
(c) The act took place outside of marriage.
(d) The accused was at the time aged 18 years or more.

Possible Defences under VIC Law – Procuring sexual penetration of a child

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

In VIC which court will hear the matter – Procuring sexual penetration of a child

County Court

 

Date: 09/01/2009

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