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Sexual Penetration of a Child Under the Age of 16

Sexual Offences – VIC

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

What the Law States according to VIC Law for Sexual penetration of a child under the age of 16

According to VIC Law for the charge of Sexual penetration of a child under the age of 16,

Crimes Act 1958 – SECT 45
Sexual penetration of child under the age of 16

45. Sexual penetration of child under the age of 16

(1) A person who takes part in an act of sexual penetration with a child under the age of 16 is guilty of an indictable offence.

(2) A person who is guilty of an offence against subsection (1) is liable-

(a) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, under the age of 10, to level 2 imprisonment (25 years maximum); or

(b) if the court is satisfied beyond reasonable doubt that the child was, at the time of the offence, aged between 10 and 16 and under the care, supervision or authority of the accused, to level 4 imprisonment (15 years maximum); or

(c) in any other case, to level 5 imprisonment (10 years maximum).

(3) Subsection (1) does not apply to an act of sexual penetration if-

(a) the child is aged between 10 and 16; and

(b) the persons taking part in the act are married to each other.

(4) Consent is not a defence to a charge under subsection (1) unless at the time of the alleged offence the child was aged 10 or older and-

(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.

(4A) If consent is relevant to a charge under subsection (1), the prosecution bears the burden of proving lack of consent.

(5) A circumstance of aggravation described in subsection (2) is not an element of an offence against subsection (1) but must be stated in the presentment.

(6) An accused who takes issue with a circumstance of aggravation described in subsection (2) and who wishes to have the matter determined on the trial may do so by pleading not guilty to the offence with which he or she is charged even if he or she does not take issue with any acts, facts, matters or circumstances relied upon by the prosecution to support a finding of guilt.

(7) A circumstance of aggravation described in subsection (2)-

(a) is to be determined by the jury if the accused pleads not guilty to the offence; and

(b) is to be determined by the trial judge if the accused pleads guilty to the offence.

(8) An offender who pleads not guilty to an offence against subsection (1) is to be taken to have pleaded guilty to the offence for the purposes of section 5(2)(e) of the Sentencing Act 1991 if-

(a) he or she-

(i) took issue with a circumstance of aggravation described in subsection (2); and

(ii) did not take issue with any acts, facts, matters or circumstances relied upon by the prosecution to support a finding of guilt; and

(b) the circumstance of aggravation is not proved.

(9) For the avoidance of doubt it is declared that it is the intention of the Parliament that an offence against subsection (1) is not an offence to which section 53(1) of the Magistrates’ Court Act 1989 applies (indictable offences triable summarily) even though the offence is punishable by level 5 imprisonment where a circumstance of aggravation described in subsection (2) is not present.

The Maximum Penalty – Sexual penetration of a child under the age of 16

According to VIC Law for the charge of Sexual penetration of a child under the age of 16, The penalty for a charge of sexual penetration of a child under the age of 16 is 10 – 25 years imprisonment, depending on the subsection charged under.

The charge of sexual penetration of a child under the age of 16 is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove according to VIC Law for Sexual penetration of a child under the age of 16

(a) The accused engaged in an act of intentional sexual penetration with a child under the age of 16 years.

Possible Defences under VIC Law – Sexual penetration of a child under the age of 16

(a) Consent is not a defence to this charge unless the defendant believes (on reasonable grounds) that the child was aged 16 or older, or that the defendant was not more than 2 years older than the child, or the accused believed on reasonable grounds that he or she was married to the child.
(b) Factual dispute
(c) Identification dispute

In VIC which court will hear the matter – Sexual penetration of a child under the age of 16

The charge of sexual penetration of a child under the age of 16 is heard in the County Court.

 

Date: 09/01/2009

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