s58 Procuring Sexual Penetration of Child Under the Age of 16 (Repealed 1 July 2017)

Have you been charged with Procuring Sexual Penetration of Child Under the Age of 16?

The legislation is complex, with three separate offences under Section 58 of the Crimes Act 1958. There are many questions to consider to ensure you have been charged appropriately. Consult a specialist sex offence lawyer before proceeding further.

Please read below for more information in relation to this charge.

***Please be aware this section has now been repealed***. 

This means that where the offence date predates 1 July 2017, the prosecution must proceed under the old section. The old section is s58 of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.

The old offence

Section 58 of the Crimes Act 1958.

To establish an offence under Section 58(1) of the Crimes Act 1958 the prosecution must prove:

1. The defendant solicited or procured a child to take part in an act of sexual penetration or an indecent act;

2. The child took part in such act of sexual penetration or indecent act;

3. The act took place outside marriage;

4. The defendant was at the time aged 18 years or more.

To establish an offence under Section 58(2) of the Crimes Act 1958 the prosecution must prove:

1. the accused solicited or procured another person to take part in an act of sexual penetration or an indecent act with a child under the age of 16 years;

2. The child took part in such act of sexual penetration or indecent act;

3. The act took place outside marriage;

4. The defendant was at the time aged 18 years or more.

To establish an offence under Section 58(3) of the Crimes Act 1958 the prosecution must prove:

1. The defendant solicited or procured a 16 or 17 year old child to take part in an act of sexual penetration or an indecent act;

2. The child was under the care, supervision or authority of the defendant;

3. Such act of sexual penetration or indecent act took place;

4. The act took place outside marriage;

5. The defendant was at the relevant time aged 18 years or more.

The maximum penalty

Level 5 imprisonment being a maximum of 10 years.

Where will my case be heard?

Procuring Sexual Penetration of Child Under the Age of 16 cases  will almost always  be heard in the County  Court but can be heard in the Magistrates’ 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?

Consult with a specialist criminal lawyer. As preparation is critical to the success of any matter, ensure that you allow plenty of time before your scheduled Court appearance.

If you have been charged with Procuring Sexual Penetration of Child Under the Age of 16 make an appointment to see one of our experienced lawyers today.

The legislation

58 Procuring sexual penetration of a child under 16

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.