s49S Facilitating a sexual offence against a child

Facilitating a sexual offence against a child charges, Melbourne, Victoria

Facilitating a sexual offence against a child is a very serious crime that carries a long maximum custodial sentence. You need to speak to a lawyer right away.

Have you been charged with facilitating a sexual offence against a child?

Some questions to discuss with your lawyer are: Did you aid, facilitate or contribute in any way to someone else engaging in sexual conduct with in relation to a child? Did you make travel arrangements for someone to help them commit a sexual offence against a child? Did you cause or allow a child to enter or remain on your premises for the purposes of another person engaging in sexual conduct with that child?

It is important to note that the ‘sexual conduct’ referred to does not have to be illegal where it takes place, only that it has to be illegal under Victorian or Commonwealth law if it was to take place in Victoria.

It is not a defence to this charge that you honestly and reasonably believed that the conduct that happened in relation to the alleged child victim was not an offence.

The Offence

Section 49 of the Crimes Act Victoria

The prosecution must prove:

1. The defendant engaged in conduct that aided, facilitated or contributed in any way to another person engaging in sexual conduct in relation to the alleged child victim; and
2. The defendant engaged in this conduct with the intention of obtaining benefit for the defendant or another person; and
3. The defendant intends conduct will aid, facilitate or contribute in any way to the third party engaging sexual conduct in relation to the alleged chid victim; or
4. The defendant knows that their conduct will or probably will aid, facilitate or contribute in any way to the third party engaging in sexual conduct in relation to a child; and
5. The third parties’ engaging in sexual conduct to a child constitutes an offence in Victoria, or under Commonwealth law, even if it does not take place in Victoria.

The maximum Penatly

Level 3 imprisonment being a maximum of 20 years.

Where Will My Case be heard?

Facilitating a sexual offence against a child cases can only be heard in the County Court or Supreme Court of Victoria.

Questions to Consider

Did the offence occur at all? Did you play a part, however small, in aiding someone to commit an offence against a child? If you are planning to plead guilty, what can you do to try to minimise your sentence?

What to do next?

There is nothing to gain in trying to represent yourself against a charge like this – this is a complex matter and your charges might be intertwined with the charges of others. How do you disentangle them? Are you better off having separate trials? This is the sort of thing that a good sex offence lawyer can help you decide.

If you have been charged with facilitating a sexual offence against a child you should call us today to make an appointment to advocate for you and advise you. 03 8644 7320

The legislation

Section 49S Facilitating a sexual offence against a child

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

(a) A engages in conduct that aids, facilitates or contributes in any way to another person (B) engaging in sexual conduct (whether or not in Victoria) in relation to a child; and

(b) A engages in the conduct with the intention of obtaining a benefit for A or another person (C); and

(c) A—

(i) intends that the conduct will aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; or

(ii) knows that the conduct will, or probably will, aid, facilitate or contribute in any way to B engaging in sexual conduct in relation to a child; and

(d) B’s engaging in sexual conduct in relation to a child—

(i) constitutes an offence against section 38(1), 39(1), 40(1), 41(1) or a provision of this Subdivision (other than this section); or

(ii) constitutes an offence against a provision of Division 272 of Chapter 8 of the Criminal Code of the Commonwealth; or

(iii) takes place outside Victoria but would, if the conduct occurred in Victoria, constitute an offence against a provision covered  by subparagraph (i) whether or not it constitutes an offence in the place in which it takes place.

(2) A person who commits an offence against subsection (1) is liable to level 3 imprisonment (20 years maximum).

(3) For the purposes of subsection (1), conduct that aids, facilitates or contributes in any way to another person engaging in sexual conduct in relation to a child includes—

(a) making travel arrangements; and

(b) causing or allowing a child to enter or remain on premises which A owns, occupies, manages or assists in managing.

Note

A mistaken but honest and reasonable belief that B’s engaging in sexual conduct in relation to a child did not constitute an offence or, if the conduct takes place outside Victoria, would not constitute an offence, is not a defence to this offence—see section 49ZC.