Have you been charged with Aggravated Sexual Servitude?
Please be aware this section has now been repealed and the correct and current law exists under section 53E of the Crimes Act 1958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 The old section is s60AC of the Crimes Act 1958, which has been repealed and no longer exists but is still relevant for old offences.
There are a number of things to consider if you have been charged with this offence. As a serious offence, it carries with it the potential for a lengthy custodial sentence.
Please read below for more information in relation to this charge.
The offence
Section 60AC of the Crimes Act 1958
The prosecution must prove:
The defendant committed an offence against section 60AB(2), (3) or (4) of the Crimes Act 1958;
The offence was committed against a person under the age of 18 years; and
The defendant intended to commit, or was reckless as to committing, the offence against a person under the age of 18 years.
The maximum penalty
Level 3 imprisonment being a maximum of 20 years.
Where will my case be heard?
Aggravated Sexual Servitude 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 criminal lawyer urgently.
Preparation in relation to any matter is critical. Don’t leave it to the last minute.
If you have been charged with Aggravated Sexual Servitude make an appointment to see one of experienced lawyers today.
The legislation
s 60AC Aggravated sexual servitude
(1) A person is guilty of aggravated sexual servitude if—
(a) the person commits an offence against section 60AB(2), (3) or (4); and
(b) the offence was committed against a person under the age of 18 years; and
(c) the accused intended to commit, or was reckless as to committing, the offence against a person under the age of 18 years.
(2) A person guilty of aggravated sexual servitude is guilty of an offence and liable to level 3 imprisonment (20 years maximum).