***Please be aware this section has now been repealed***
The new section was introduced by the Crimes Amendment (Sexual Offences) Act 2016 (No. 47 of 2016) and came into operation on 1 July 2017.
This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s54 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
Have you been charged with Occupier etc. Permitting Unlawful Sexual Penetration?
If so, you will need to engage a specialist in criminal law to help you prepare your case.
Did you knowingly allow a child under the age of 17 to enter premises for which you were responsible for the purpose of engaging in unlawful sexual penetration?
The penalties applicable to this charge will depend in part on the age of the alleged victim. This is an issue to consider before entering your plea to the Court. Please read below for further information.
The offence
Section 54 of the Crimes Act 1958.
The prosecution must prove:
The defendant was the owner or occupier of premises or a person managing or assisting in the management of premises;
The defendant induced or knowingly allowed a child under the age of 17 to enter or remain on the premises;
The purpose for which the child was on the premises was that of taking part in an act of sexual penetration;
The defendant knew of this purpose;
The act of sexual penetration was unlawful.
The maximum penalty
Level 4 imprisonment being a maximum of 15 years
Where will my case be heard?
Occupier etc. Permitting Unlawful Sexual Penetration cases can only be heard in the County Court or Supreme Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced sex offence criminal lawyer urgently. Preparation in relation to any legal matter is critical to the outcome. Don’t leave it to the last minute.
If you have been charged with Occupier etc. Permitting Unlawful Sexual Penetration come and see one of our experienced lawyers today.
The legislation
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.
Penalty: Level 4 imprisonment (15 years maximum) if the child is under the age of 13; Level 5 imprisonment (10 years maximum) if the child is aged between 13 and 17.
