Causing or allowing a sexual performance involving a child charges, Victoria
Causing or allowing a sexual performance involving a child is a serious offence and should not be taken lightly. The offence carries a custodial sentence. You need to speak to a lawyer right away.
Have you been charged with causing or allowing a sexual performance involving a child?
Some questions to discuss with your lawyer are: what was the nature of your activity with the alleged child victim? Did you give any person payment, reward or benefit to induce sexual activity? Did a sexual performance take place at all and if so who was involved?
It is important to know what constitutes a sexual performance. In this charge a sexual performance is a live performance which is given either in person to the viewer or over the internet. The performance must be one that can reasonably be considered to be performed for the sexual arousal of any person, whether the person be the audience or someone engaged in the performance.
An honest, mistaken belief that there was no payment, reward or benefit given regarding the sexual performance is not a defence to this charge.
If the child involved was older than 12 at the time of the alleged performance, and you reasonably believed them to be over 18 years of age then this is a defence. You will have to show why you believed this and steps you took to determine the child’s age.
The Offence
Section 49Q of the Crimes Act 1958
The prosecution must prove:
- The defendant intentionally caused or allowed the alleged victim to take part in a sexual performance; and
- The sexual performance occurred in circumstances where any person received payment, reward or benefit; and
- The alleged victim was under the age of 18.
The Maximum Penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Causing or allowing a sexual performance involving a child cases can only be heard in the County Court or the Supreme Court.
Questions to Consider
Do you have a defence in relation to the defence mentioned above? Did the charged act occur at all? If you are planning to plead guilty, what can you do to try to minimise your sentence?
What to Do Next?
It is imperative that you speak to a sex offence lawyer about how to deal with charges of this nature. If you don’t have a lawyer, you are putting yourself at great risk facing the prosecution and a jury. You need someone to advise and advocate for you.
If you have been charged with causing or allowing a sexual performance involving a child, then you should call us today. 03 8644 7320
The Legislation
Section 49Q Causing or allowing a sexual performance involving a child
(1) A person (A) commits an offence if—
(a) A intentionally causes or allows another person (B) to take part in a sexual performance; and
(b) the sexual performance occurs in circumstances that involve any person receiving payment, reward or other benefit (whether before or after the performance) in respect of the performance; and
(c) B is a child under the age of 18 years.
(2) A person who commits an offence against subsection (1) is liable to level 5 imprisonment (10 years maximum).
(3) In this section—
“sexual performance” means a live performance (whether in person or by an electronic communication within the meaning of the Electronic Transactions (Victoria) Act 2000 ) that is, or could reasonably be considered to be, for the sexual arousal or sexual gratification of any person.
Notes
1 A defence applies to this offence—see section 49X.
2 A mistaken but honest and reasonable belief that the sexual performance did not occur in circumstances that involved payment, reward or other benefit to any person is not a defence to this offence—see section 49ZC.
