s49P Abduction or detention of a child under 16 for a sexual purpose

Abduction or detention of a child under the age of 16 for a sexual purpose

Abduction or detention of a child under the age of 16 (49P of the Crimes Act 1958) for a sexual purpose, is a very serious charge and carries a maximum penalty of 25 years. If you have been charged with this offence you need to engage experienced criminal defence lawyers. 

Have you been charged with abduction or detention of a child under the age of 16 for a sexual purpose?

Some questions to discuss with your lawyer are: what was the nature of your relationship with the alleged child victim? What was your knowledge about the child’s age? What was the interaction between yourself and any person who had lawful charge of the child?

The Offence

Section 49P of the Crimes Act 1958

The Prosecution must prove:

1. The defendant took away or detained the alleged victim; or
2. Caused the alleged victim to be taken away or detained; and
3. The alleged victim was a child under 16 years; and
4. The person who had lawful charge of the alleged victim didn’t consent; and
5. The defendant knew that the alleged victim was either 16 or probably under 16; and
6. The defendant knew that the person with lawful charge of the alleged victim did not consent or probably did not consent to the alleged victim being taken away or detained; and
7. The defendant intended that the alleged victim take part in a sexual act with either the defendant, or a third party, or both; and
8. The alleged victim, in taking part in a sexual act, would involve either the defendant or a third party committing an offence.

The Maximum Penalty

Level 5 imprisonment being a maximum of 10 years.

Where Will My Case Be Heard?

Abduction or detention of a child under the age of 16 for a sexual purpose cases are heard in the County Court or Supreme Court of Victoria.

Questions to consider

Did the abduction or detention of a child under the age of 16 happen at all? What is your side of the story? If you are planning to plead guilty, what can you do to try to minimise your sentence?

What to do next

First you need to secure the services of a good child sex offence lawyer. This is a complicated charge and you really need a specialist. Don’t even consider defending yourself against this sort of charge – you need to be assisted by the experts.

If you have been charged with the abduction or detention of a child under the age of 16 for a sexual purpose, then you need to call us now. 03 8644 7320

The Legislaton

Section 49P Abduction or detention of a child under the age of 16 for a sexual purpose

(1)     A person (A) commits an offence if—

(a)     A—

(i)     takes away or detains another person (B); or

(ii)     causes B to be taken away or detained by another person; and

(b)     B is a child under the age of 16 years; and

(c)     the person who has lawful charge of B (C) does not consent to B being taken away or detained; and

(d)     A knows that—

(i)     B is a child under the age of 16 years; or

(ii)     B is probably a child under the age of 16 years; and

(e)     A knows that—

(i)     C does not consent to B being taken away or detained; or

(ii)     C probably does not consent to B being taken away or detained; and

(f)     A intends B will take part in a sexual act with A or another person or both; and

(g)     B taking part in the sexual act would involve the commission by A, or the other person, or both, of an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section).

(2)     A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).

Note

See section 35C for the meaning of taking part in a sexual act.