Please be aware this section has now been repealed and the correct and current law exists under section s49P of the Crimes Act 1958
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 The old section is 55 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.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 Abduction or Detention?
This serious charge attracts a maximum penalty of 10 years in prison. It is essential you receive specialised legal advice urgently, to prepare the strongest legal defence possible.
Did you take away a person by force, or detain a person against their will? Did you intend to marry the person or to have sexual intercourse with them? Or did you mean for someone else to? Did you act alone, or are you the co-accused?
Discuss these sorts of questions with your lawyer before advising a court of how you intend to plead.
Please read below for additional information.
The offence
Section 55 of the Crimes Act 1958.
The prosecution must prove:
The defendant:
- Took away a person by force; or
- Detained a person against his or her will; and
The intention of the defendant was:
To get married to; or
To take part in an act of sexual penetration with that person; or
That the person should marry or take part in an act of sexual penetration with another person.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Abduction or Detention cases can be heard in the Magistrates’ Court of Victoria and the County Court.
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 criminal lawyer urgently. Preparation in relation to any legal matter is critical. Ensure that you do not delay in obtaining legal advice.
If you have been charged with Abduction or Detention make an appointment to see one of our experienced lawyers today.
The legislation
Section 55 Abduction or detention
A person must not take away a person by force or detain a person against his or her will—
(a) with the intention of getting married to, or taking part in an act of sexual penetration with, that person; or
(b) with the intention that that person should marry, or take part in an act of sexual penetration with, another person.
Penalty: Level 5 imprisonment (10 years maximum).
