s47 Abduction or detention for a sexual purpose

Have you been charged with abduction or detention for a sexual purpose?

There are a number of things to consider if you have been charged with this offence. Some questions to discuss with your lawyer are:

• What was the nature of your relationship with the alleged victim?
• Did you detain the alleged victim?
• Did you take them somewhere against their will?
• Was your intent to abduct or detain the person for a sexual purpose?
• What was the interaction between yourself and the victim?
• Can the prosecution make out their case?

It is advised that you discuss the answers to these questions with a lawyer as soon as possible. This charge carries a maximum penalty of 10 years imprisonment if found guilty. If you have been charged with this offence you should engage experienced criminal defence lawyers to guide you through the judicial process to achieve the best possible outcome.

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

The Offence

Section 47 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 did not consent to being taken away or detained; and
4. The defendant knew that the alleged victim did not consent or probably did not consent to being taken away or detained; and
5. The defendant intended that the alleged victim take part in a sexual act with either the defendant, or a third party, or both; or
6. The defendant or a third party intend to marry the the complainant.

The Maximum Penalty

Level 5 imprisonment being a maximum of 10 years.

Where Will My Case Be Heard?

Abduction or detention for sexual purpose cases can be heard in the Magistrates’ Court, more serious offending will be heard in the County Court of Victoria.

Questions to consider

Did the abduction or detention occur? For a discussion about detention or what might amount to detention or deprivation of liberty, see false imprisonment. If detention has occurred, was it for a sexual purpose? 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?

Now is the time to make sure that you have a lawyer who can give you sound advice, help you analyse the evidence and discuss what is to be addressed in your matter. Arrange a time to see one of our experienced sex offence criminal lawyers. It is ill-advised to consider defending yourself against this sort of charge – you need to be assisted by the experts because interpretation of the facts will be paramount.

Preparation is critical to the success of any matter, ensure that you prepare appropriately by seeking quality legal advice. If you have been charged with Abduction or Detention for a Sexual Purpose make an appointment to see one of our experienced sex offence criminal lawyers.

The legislation

Section 47 Abduction or detention 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 does not consent to being taken away or detained; and

(c) A knows that—

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

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

(d) A intends that—

(i) B will take part in a sexual act with A or another person (C) or both; or

(ii) A or C will marry B (whether or not B consents to being married).

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

(3) It is immaterial that the law prohibits or would not recognise (for whatever reason) a marriage between A and B or between C and B.

Note

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